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1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 • WWW.CI.ANDOVER.MN.US
Andover Planning and Zoning Commission
Meeting Agenda
April 12, 2022
Andover City Hall
Council Chambers
7:00 p.m.
1. Call to Order
2. Pledge of Allegiance
3. Approval of Minutes — February 22, 2022 Regular Meeting
4. Public Hearing: Consider Repealing Existing City Code Title 12: Zoning Regulations, Adopting
Updated City Code Title 12: Zoning Regulations and Summary Ordinance for Publication — City of
Andover (Applicant)
5. Public Hearing: Consider Amendments to City Code 4-1-2: Public Nuisances Enumerated and
Summary Ordinance for Publication — City of Andover (Applicant)
6. Public Hearing: Consider Rezoning Request — Rezone Properties from GR: General Recreation to R-
4: Single Family Urban — Parcel ID Numbers 22-32-24-43-0004, 22-32-24-43-0005, 22-32-24-43-
0003, 22-32-24-43-0002 — City of Andover (Applicant)
7. Public Hearing: Consider Rezoning Request — Rezone Property from LB: Limited Business to NB:
Neighborhood Business — Parcel ID Number 33-32-24-13-0005 — City of Andover (Applicant)
8. Public Hearing: Consider Rezoning Request — Rezone Properties from R-5: Manufactured Housing to
R-4: Single Family Urban — Parcel ID Numbers 30-32-24-41-0003 and 29-32-24-32-0011 — City of
Andover (Applicant)
9. Other Business
10. Adjournment
TT Y 0 F
)O`E
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100
FAX (763) 755-8923 • WWW.ANDOVERMN.GOV
TO: Planning and Zoning Commissioners
FROM: Joe Janish, Community Development Director
SUBJECT: Approval of Minutes — February 22, 2022 Regular Meeting minutes
DATE: March 12, 2022
RE UEST
The Planning and Zoning Commission is requested to approve the February 22, 2022 Regular
meeting minutes.
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PLANNING AND ZONING COMMISSION REGULAR MEETING
FEBRUARY22, 2022
The Regular Bi -Monthly Meeting of the Andover Planning and Zoning Commission was
called to order by Chairperson Karen Godfrey on February 22, 2022, 7:00 p.m., at the
Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Commissioners present: Bert Koehler W, Mary VanderLaan, Nick Loehlein, Scott
Hudson, Wes Volkenant, Jonathan Shafto
Commissioners absent: None
Also present: Community Development Director Joe Janish
City Planner Peter Hellegers
Associate Planner Jake Griffiths
Others
PLEDGE OFALLEGL4NCE
APPROVAL OF MINUTES
February 8, 2022 Regular Meeting
Motion Chairperson Godfrey assumed a motion to approve the February 8, 2022 Regular
Meeting minutes as presented. Motion carries by unanimous consent.
PUBLIC HEARING: — CONSIDER CONDITIONAL USE PERMIT AMENDMENT
REQUEST – PIN 16-33-24-23-0007, 3017 161ST AVENUE NW – (APPLICANT –
PYRAMID NETWORK SERVICES)
The Planning Commission is requested to hold a public hearing and make a
recommendation to the City Council regarding a Condition Use Permit (CUP) amendment
to allow Dish Wireless to attach antennas to an existing telecommunications tower at 3017
161st Avenue NW. City Planner Hellegers explained the details of the request as presented
in the staff report.
Commissioner Koehler noted that the Commission is asked to consider the health and
welfare of the community but cannot consider RF frequencies due to the Federal
Communications Act. Mr. Hellegers stated the Federal Communications Act trumps City
Code and RF frequencies cannot be a factor in the health and welfare of the community.
Commissioner VanderLaan asked when the original CUP was issued. Mr. Hellegers stated
the original CUP was issued in 1996. She stated the tower is owned by Comcast and asked
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Regular Andover Planning and Zoning Commission Meeting
Minutes — February 22, 2022
Page 2
who owns the property the cell tower sits on. Mr. Hellegers stated Comcast owns the tower
and leases the 50 ft x 50 ft compound.
Commissioner Volkenant referred to a letter from a resident against the cell tower and
asked Mr. Hellegers to address their concern. Mr. Hellegers stated the original tower was
constructed in 1996, an additional tower in 2000, and has no information about the removal
of second tower, but it has been removed. Mr. Hellegers noted the carrier can change out
antennas, but they need an amendment to the CUP to add antennas.
Motion Chairperson Godfrey assumed a motion to open the Public Hearing at 7:11 p.m.
The motion carried by unanimous consent.
Jeff Haley, 15375 Cherry Tree Road, Noblesville, IN came forward and stated he
represents Pyramid Network Services.
Commissioner Loehlein asked if the applicant was aware of landscaping requirements to
screen the property. Mr. Haley stated he wasn't aware of the condition but stated they can
meet the condition.
Commissioner Loehlein stated the City received one public comment from Lee and Deb
Packer at 3074 161' Avenue NW. The Packers wrote against having the cell tower due to
potential health hazards and are against adding three antennae.
Motion Chairperson Godfrey assumed a motion to close the Public Hearing at 7:15 p.m.
The motion carried by unanimous consent.
Commissioner Koehler noted it is outside the Commission's ability to reject the antenna
based on the FCC's code that the City cannot override. He stated the Commission
recognizes the concerns by the Packers and they can take their concern to the FCC if they
choose.
Motion by Koehler, seconded by Loehlein, to recommend approval of a Conditional Use
Permit Amendment for the addition of three antennas and related tower -mounted
equipment to the existing telecommunications tower at 3017 1615 Avenue NW. Motion
carried unanimously.
Mr. Hellegers stated the item will go before Council on March 1, 2022.
OTHER BUSINESS
Associate Planner Griffiths updated the Commission on Council actions. Mr. Griffiths
announced the retirement of Administrative Assistant Brenda Helmer at the end of March.
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Regular Andover Planning and Zoning Commission Meeting
Minutes —February 22, 2022
Page 3
Commissioner Koehler thanked Ms. Holmer for her service. Commissioner Koehler
congratulated Chairperson Godfrey for her chairing her first meeting.
Chairperson Godfrey congratulated Ms. Helmer on her retirement and thanked her for her
work.
ADJOURNMENT
Motion Chairperson Godfrey assumed a motion to adjourn the meeting at 7:21 p.m. Motion
carried by unanimous consent.
Respectfully Submitted,
Shari Kunza, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
O F
VE
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100
FAX (763) 755-8923 • WWW.ANDOVERMN.GOV
TO: Planning & Zoning Commissioners
CC: Joe Janish, Community Development Director
Jake Griffiths, Associate Planner
FROM: Peter Hellegers, City Planner
SUBJECT: Public Hearing: Consider Repealing City Code Title 12: Zoning Regulations and
Adopting Updated Title 12: Zoning Regulations — City of Andover (Applicant)
DATE: April 12, 2022
BACKGROUND
As part of the 2018 Comprehensive Plan, the Metropolitan Council required the City to meet a
planned net density of 3.0 units per acre within the Metropolitan Urban Service Area (MUSA).
The City was also required to meet "Affordable Housing Goal Numbers." These requirements
led to substantial changes to the Comprehensive Plan including the creation of new land use
categories. However, in making these changes several discrepancies were created between the
Comprehensive Plan and the City Code. An update to the City Code was required to address
these issues as well as several other "housekeeping" items.
The attached Table of Proposed Changes provides an overview of the proposed amendments to
City Code and the number and order of the chapters within the Zoning Regulations that have
been incorporated into the proposed Title 12. A printed copy of Title 12 which includes the
amendments is attached. A redline copy of Title 12 can be found at the following link:
httns://www.andovennn gov/DocumentCenterNiew/5197/Title-l2-Amendment---Redlines
The proposed amendments were previously reviewed at the January 25, 2022, workshop of the
Planning & Zoning Commission, and by the City Council at their February 22, 2022, workshop.
Minutes from these previous meetings are attached.
DISCUSSION
New Zoning Districts & Minimum District Requirements
In order to align the City Code with the Comprehensive Plan staff is proposing to create zoning
districts to correspond with the new land use districts created in the Comprehensive Plan. This
would include modifying the existing R-5, M-1 and M-2 zoning districts and creating a M-3
zoning district. In addition to creating the new districts, staff is proposing to remove the LB —
Limited Business District and GR — General Recreation District. This was identified in the
Comprehensive Plan update as each of these districts only cover one property.
Home Occupations / In -Home Beauty Salons and Barber Shops - City Code §12-9-7
During the discussion for a previous in-home beauty salon home occupation, the Planning
Commission indicated that the limitation on these uses having just "one chair" should be
Page 1 of 2
reviewed. The proposed amendment would replace that language with a provision allowing for
one stylist or barber at the in-home beauty salon/barber shop and have no more than three
individual customers or one customer group (i.e. family or bridal party) at any one time. A
provision for the in-home beauty salon/barber shop home occupation could not exceed three
vehicles at any one time.
Landscaping of Nonresidential Properties - City Code §12-14-6-C and 12-14-6-F
City Code section 12-13-6 sets the minimum standard for tree and shrub planting on commercial
or industrial properties. On commercial/industrial projects the City's requirements have required
the planting of so much landscaping that some commercial properties which met the standards
have needed to remove half the landscaping a few years after the development is completed to
prevent overcrowding the trees and shrubs. Staff surveyed other metro communities and found
that many were requiring about 50 percent less trees/shrubs than Andover. At the work session
meeting the City Council indicated a preference for reducing the number of trees/shrubs required
by 25 percent.
Parking Stall Minimum Size - City Code §12-14-8-E-1
At the Planning Commission workshop staff noted that additional parking could be created on
sites without affecting other site planning standards by reducing the parking stall width
requirements. The City's standard has been a 10 -foot -wide space, but the 9 -foot -wide space is
common in many metro area communities. The City Council indicated that they would like to
maintain the existing minimum parking stall size, so the proposed amendments do not change the
minimum parking stall size.
Title 12: Zoning Regulations - Chapter Reorganization
Several chapters were moved within Title 12 due to the deletion of Chapter 11: Shoreland Lots,
and for greater consistency the with general layout of City Code. The text from Title 12 -
Chapter 11: Shoreland Lots is already addressed in the more up to date code in Title 13 - Chapter
4: Shoreland Management, in addition chapter 11 creates the potential for conflict between these
two sections. Some of the chapters in Title 12 were also moved to different locations within the
title where they were more consistent with adjoining chapters.
ACTION REQUESTED
The Planning & Zoning Commission is requested to hold a public hearing on the proposed
amendments to the City Code Title 12: Zoning Regulations and make a recommendation to the
City Council.
Resp fully ubmitted,
Pet ge
City Planner
Attachments
Table of Proposed Changes
Draft Ordinance of Approval
Title 12: Zoning Regulations as proposed (with revisions)
Draft Summary Ordinance for Publication
Page 2 of 2
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO.
THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS:
REPEAL OF ANDOVER CITY CODE TITLE 12: ZONING REGULATIONS
ADOPTION OF THE AMENDED ANDOVER CITY CODE TITLE 12: ZONING REGULATIONS AS
ATTACHED TO THIS ORDINANCE.
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 _ day of April 2022.
ATTEST:
CITY OF ANDOVER:
Michelle Hartner, City Clerk Sheri Bukkila, Mayor
TITLE 12
ZONING REGULATIONS
Subject Chapter
Title; Purpose; Application.........................................1
Rules And Definitions.................................................2
Zoning Districts And Map...........................................3
General Zoning Provisions.........................................4
Setback Requirements...............................................5
Accessory Buildings And Temporary Structures ........6
Fences And Walls ......................................................
7
Signs..........................................................................
8
Home Occupations.....................................................9
Nonconforming Uses And Structures .......................10
Permitted, Conditional And Prohibited Uses
Enumerated............................................................11
Requirements For Specific Conditional Uses ...........
12
Requirements For Specific Interim Use Permits ......13
Performance Standards...........................................14
Administration And Enforcement..............................15
CHAPTER 1
TITLE; PURPOSE; APPLICATION
SECTION:
12-1-1:
Short Title
12-1-2:
Purpose
12-1-3:
Application Of Provisions
12-1-4:
Separability
12-1-1: SHORT TITLE: This title shall be known, cited and referred to as
the ANDOVER CITY ZONING ORDINANCE except as referred to herein, where
it shall be known as "this title". (Amended Ord. 8, 10-21-1970)
12-1-2: PURPOSE: This title is adopted for the purpose of:
A. Protecting the public health, safety, morals, comfort, convenience and
general welfare.
B. Dividing the city into zones and districts, restricting and regulating
herein the location and use of structures and the land.
C. Promoting orderly development of the residential, business,
industrial, recreational and public areas.
D. Providing adequate light, air and convenience of access to property.
E. Limiting congestion in the public rights-of-way.
F. Preventing overcrowding of land and undue concentration of structures
by regulating the use of land and buildings and the bulk of buildings in
relation to the land and buildings surrounding them.
G. Providing for the compatibility of different land uses and the most
appropriate use of land throughout the city; protecting and guiding the
development of rural areas.
H. Conserving and developing natural resources.
Fostering agriculture and other industries.
Preventing a wasteful scattering of population.
K. Securing safety from flood.
L. Reducing waste from excessive miles of roads.
M. Conserving the natural and scenic beauty and attractiveness of roadsides.
N. Providing for the administration of this title and amendments thereto.
O. Defining the powers and duties of the administrative officers and
bodies, as provided hereinafter.
P. Prescribing penalties for the violation of the provisions of this title or any
amendment hereto. (Amended Ord. 8,10-21-1970)
12-1-3: APPLICATION OF PROVISIONS:
A. Minimum Requirements: In their interpretation and application, the
provisions of this title shall be held to be the minimum requirements for the
promotion of the public health, safety, morals and welfare.
B. More Restrictive Provisions Apply: Where the conditions imposed by any
provision of this title are either more restrictive or less restrictive than
comparable conditions imposed by any other laws, ordinances, statutes,
resolutions, or regulations of any kind, the regulations which are more
restrictive or which impose higher standards or requirements shall prevail.
C. Compliance With Provisions: Except as in this title specifically provided,
no structure shall be erected, converted, enlarged, reconstructed or
altered, and no structure or land shall be used for any purpose nor in any
manner which is not in conformity with this title.
D. Annexed Land:
1. When land is proposed to be annexed to the city, the Planning and
Zoning Commission shall hold a public hearing upon the permanent
zoning of said land. The results of the hearing, along with a
recommendation, shall be presented to the governing body.
2. In the event of annexation proceedings becoming final before the
permanent zoning is determined, the annexed area shall be placed in the
most restrictive district and such classification shall be considered as an
interim step pending permanent classification. (Amended Ord. 8, 10-21-
1970)
12-1-4: SEPARABILITY: It is hereby declared to be the intention that the
several provisions of this title are separable in accordance with the following:
A. If any court of competent jurisdiction shall adjudge any provision of this
title to be invalid, such judgment shall not affect any other provisions of
this title not specifically included in said judgment.
B. If any court of competent jurisdiction shall adjudge invalid the application
of any provision of this title to a particular property, building, or structure,
such judgment shall not affect other property, buildings, or structures.
(Amended Ord. 8, 10-21-1970)
CHAPTER 2
RULES AND DEFINITIONS
SECTION:
12-2-1: Rules Of Word Construction
12-2-2: Definitions
12-2-1: RULES OF WORD CONSTRUCTION: The language set forth in
the text of this title shall be interpreted in accordance with the following rules of
construction:
A. The singular number includes the plural and the plural the singular.
B. The present tense includes the past and future tenses, and the future the
present.
C. The word "shall' is mandatory, and the word "may" is permissive.
D. Whenever a word or term defined hereinafter appears in the text of this
title, its meaning shall be construed as set forth in such neuter
genders.
E. The masculine gender includes the feminine and neuter genders.
F. All measured distances expressed in feet shall be to the nearest tenth of
a foot. In event of conflicting provisions, the more restrictive provision
shall apply. (Amended Ord. 8,10-21-1970)
12-2-2: DEFINITIONS: The following words and terms, whenever they
occur in this title, are defined as follows:
ACCESS DRIVE: A road with a width of at least twenty feet, as required
by Fire Code, constructed of material that can provide
all-weather driving capabilities for emergency
vehicles. (amd. Ord. 314,10-4-2005)
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). (Amended Ord.
463, 6-21-16).
ACCESSORY USE OR
STRUCTURE: A use or structure or portion of a structure
subordinate to and serving the principal use or
structure on the same lot and customarily incidental
thereto.
AGRICULTURAL USE,
RURAL: An area of five (5) or more contiguous acres which is
used for the production of farm crops such as
vegetables, fruit trees, grain and other crops and their
storage on the area. (Amd. 4/18/06, Ord. 325A)
AGRICULTURAL USE,
URBAN: An area of less than five (5) contiguous acres which is
used for the purpose of growing produce including
crops, fruit trees, shrubs, plants and flowers,
vegetables, and the like, provided such produce is
intended solely for the use of owners on the property
or sale away from the property. (Amd. 4/18/06, Ord.
325A)
AIRPORT OR HELIPORT: Any land or structure which is used or intended for
use for the landing and takeoff of aircraft, and any
appurtenant land or structure used or intended for
use for port buildings or other structures or rights of
way.
ALLEY: A public right-of-way which affords a secondary
means of access to abutting property.
ANIMAL ASSISTED
THERAPY (AAT): Also known as pet therapy, is a goal -directed type of
therapy, delivered and/or directed by a health/human
service provider working within the scope of his or her
profession, in which an animal meeting specific
criteria is used as an integral part of a treatment
process designed to promote improvement in the
physical, social, emotional, and/or cognitive
functioning of the patient. (Amd. 10/20/09, Ord 388)
ANIMAL THERAPY
FACILITY: A facility that provides Animal Assisted Therapy on
properties larger than five acres in size.
ANIMALS, DOMESTIC: Dogs, cats and other similar animals that can
be purchased at a retail pet store and
maintained indoors. (Amd. 4/18/06, Ord. 325A)
ANIMALS, FARM: Animals commonly kept on a farm, such as
cattle, swine (including pot-bellied pigs), sheep,
goats, and other similar animals, excluding
poultry. (Amd. 4/18/06, Ord. 325A; Amended
Ord. 426, 1/2/13)
ANIMALS,
NONDOMESTIC:
ANIMALS,
PLEASURE/
RECREATIONAL:
Animals not defined as domestic, farm or
pleasure/recreational animals that are of a wild
nature or disposition or which, because of its
vicious nature or other characteristics, would
constitute a danger to human life or property
including the prohibited animals listed in City Code
5-1 C-2. (Amended Ord. 325A, 4-18-2006)
Horses, ponies,
alpacas and liar
2006)
foals, donkeys, burros, mules,
ias. (Amended Ord. 325A, 4 -18 -
APARTMENT: A dwelling unit, generally rented, located within a
larger building. An apartment building, which is a type
of multifamily dwelling, generally contains three (3) or
more apartment dwelling units. (See also multifamily
dwelling)
AUTO REDUCTION
YARD: A lot or yard where two (2) or more unlicensed
motor vehicles or the remains thereof are kept for
the purpose of dismantling, sale of parts, sale as
scrap, storage, or abandonment.
AUTOMOBILE SERVICE
STATION: All premises whereon the owner or occupant
conducts the business of furnishing, selling or
dispensing motor fuel and liquified petroleum for
motor vehicles. These regulations shall also pertain
to automobile repair, service and painting
establishments. (Amended Ord. 314,10-4-2005)
AVERAGE
FOOT-CANDLE: The level of light measured at an average point of
illumination between the brightest and darkest
areas.
BASEMENT: A portion of a building located partly underground
but having less than half its floor to ceiling height
below the average grade of the adjoining ground.
BED AND BREAKFAST: A small lodging establishment that offers overnight
accommodations and breakfast for a fee, but usually
does not offer other meals. (Amended Ord. 436, 4-15-
2014)
BOARDING HOUSE
(ROOMING OR
LODGING HOUSE): A building other than a motel or hotel where, for
compensation and by prearrangement for definite
periods, meals or lodgings are provided for three (3)
or more persons, but not to exceed eight (8)
persons.
BUILDING: Any structure having a roof which may provide
shelter or enclosure of persons, animals or
chattel, and when said structures are divided by
party walls without openings, each portion of such
building so separated shall be deemed a separate
building.
BUILDING HEIGHT: A distance to be measured from the mean curb level
along the front lot line or from the mean ground level
for all of the portion of the structure having frontage
on a public right-of-way, whichever is higher, to the
top of the cornice of a flat roof, to the deck line of a
mansard roof, to a point on the roof directly above
the highest wall of a shed roof, to the uppermost
point on a round or other arch type roof, to the mean
distance of the highest gable on a pitched or hip
roof.
BUILDING
MATERIALS: Construction equipment and building materials
Currently being used for the construction of a
structure on a premise of a property for which an
active building permit has been applied for and
issued. (Amended Ord. 380, 4/21/09)
BUSINESS: Any occupation, employment or enterprise wherein
merchandise is exhibited or sold, or which occupies
time, attention, labor and materials, or where
services are offered for compensation.
CARPORT: An automobile shelter having one or more sides open.
CELLAR: That portion of the building having more than
one-half (1/2) of the floor to ceiling height below
the average grade of the adjoining ground.
CEMETERY: Land used for the burial of human bodies, excluding
crematoriums. (Amended Ord. 314,10-4-2005)
CLUB, PRIVATE: A place of assembly and activity where membership
is required and directed toward and limited to people
with specific interests or of a specific group.
(Amended Ord. 436, 4-15-2014)
CLUB, PUBLIC: A place of assembly and activity where membership
typically is required and is directed toward the general
public, and where the sponsoring organization is non-
profit. (Amended Ord. 436. 4-15-2014)
COMMERCIAL
FEEDLOT: An area where fifteen (15) or more
nondomestic animals are confined.
COMMERCIAL
GREENHOUSE: A retail business where the primary operations are the
selling of landscaping and plant materials grown on
site either in an enclosed building or outside.
(Amended Ord. 436, 4-15-2014)
COMMERCIAL
RECREATION: A recreation facility operated as a business and
open to the public for a fee.
COMMERCIAL VEHICLE: Any vehicle, including truck, semi -tractor, or van,
primarily used for the movement of cargo or
passengers in the normal operation of a business.
COMMUNITY: City of Andover.
COMPOSTING FACILITY: A commercial, industrial or institutional facility that is
primarily engaged in the disposal of yard waste not
typically collected by commercial and residential
waste haulers. Yard waste includes compostable
items such as leaves, lawn clippings and shrub
prunings but, for the proposes of this definition, also
includes tree branches, tree trunks, and stumps from
removed trees.
COMPREHENSIVE
PLAN: Unless otherwise stated, it is the general plan for
land use, transportation, and community facilities
prepared and maintained by the community
Planning and Zoning Commission.
CONDOMINIUMS: A form of individual ownership of property as
defined by the uniform condominium act of the
state of Minnesota'.
CONTINUOUS
OPERATION: Describes a business that is open to the public for
some portion of each hour of the 24 -hours in a day. It
also includes a business that is open to the public for
more than 5 hours of the overnight period beginning
at 11 pm and ending at 7 am. (Amended Ord. 421,
10/2/12)
CONTRACTORS'
SHOPS AND
STORAGE YARDS: An area and/or building used for the storage and
maintenance of equipment, materials, or vehicles
devoted to use by a person who contracts to supply
certain materials or to do certain work in the field of
building trades or landscaping. (Amended 7/21/20,
Ord. 509)
CREMATORIUM: A place within a funeral home where bodies are
consumed by incineration and the ashes of the
deceased are collected for permanent burial or
storage in urns as a part of a funeral conducted on
the site subject to the setback requirements of City
Code 12-5 . Any other cremations shall be subject to
limitations by the City Council through the Conditional
1 MSA § 515A.1-101 et seq.
Use Permit process based on the location, size of the
site, surrounding land uses and any other health or
safety concerns. (Amended Ord. 314, 10-4-2005)
CURB LEVEL: The grade elevation established by the governing
body of the curb in front of the center of the
building. Where no curb level has been
established, the engineering staff shall determine a
curb level or its equivalent for the purpose of this
title.
DAYCARE CENTER: Any facility, public or private, that, for compensation
or otherwise, provides for the care of children outside
their homes for periods of less than twenty-four (24)
hours per day. Daycare centers include, but are not
limited to, day nurseries, nursery schools, childcare
centers and daycare facilities (includes family and
group family daycare facilities per Minnesota State
Statutes). (Amended Ord. 436, 4-15-2014)
DECK: A horizontal, unenclosed platform with or without
attached railings, seats, trellises or other features,
attached or functionally related to a principal use or
site. (Amd. 4/18/06, Ord. 325A)
DENSITY ZONING: The permission of lower density (lot areas) standards
under conditions whereby the number of dwelling
units permitted is not greater than permitted by the
application of the regular provisions of the district but
with all land excluded from the lot area requirements
added onto public or semipublic open space (park,
playground, school site, walkway or other approved
open green space).
DOG KENNEL,
COMMERCIAL2 : Any place where a person accepts dogs from the
general public and where such animals are kept for
the purpose of selling, boarding, breeding, training, or
grooming, except for a veterinary clinic. There shall
be a fenced yard or dog enclosures present to
prevent the running at large or escape of dogs
confined therein.
2 See also section 5-1A-1 of this code, definition of "kennel, commercial'.
DOG KENNEL,
PRIVATE' : A place where more than three (3) dogs over six (6)
months of age are kept for private enjoyment and not
for monetary gain, provided such animals are owned
by the owner or the lessee of the premises on which
they are kept. There shall be a fenced yard or dog
enclosures present to prevent the running at large or
escape of dogs confined therein.
DRIVE IN BUSINESS: Any business in which people are provided a service
or a sale is made without the passenger being
required to leave the vehicle.
DROP IN CHILDCARE
CENTER: A center whose total licensed capacity is based
primarily on children who attend on an irregular
basis.
DRY CLEANING
PROCESSING: The business of processing clothing through a special
cleaning process that involves the use of the chemical
known as "perchloroethylene" or "PERC", or other
state or federally approved chemicals. The scope of
this use is to accommodate the processing of clothes
that are dropped off at the site approved for the use
and up to 4 additional drop sites. The site and the
processing equipment therein shall be sized
accordingly. This scope of this use is not intended to
serve as a regional processing center for large scale
operations. (Amended Ord. 323, 2-7-2006)
DUPLEX, TRIPLEX, Means a dwelling structure on a single lot, having
AND QUADRAMINIUM: two, three, or four units respectively, being attached
by common walls and each unit equipped with
separate sleeping, cooking, eating, living, and
sanitation facilities.
DURABLE AND
DUSTLESS SURFACE: Asphalt, concrete, or other surface (water sealed) as
approved by the engineer or building official.
DWELLING,
ATTACHED
(SINGLE-FAMILY): A dwelling attached to one or more dwellings by
common walls or floors. (See Performance
' See also section 5-lA-1 of this code, definition of "kennel, private"
Standards in Chapter 13 of this title).
DWELLING, DETACHED:
(SINGLE-FAMILY): A dwelling that is not attached to any other dwelling.
DWELLING, DUPLEX: A building designed as a single structure, containing
two separate living units, each of which is designed to
be occupied as a separate, independent permanent
residence.
DWELLING,
MULTI -FAMILY: A building or portion thereof containing three (3) or
more dwelling units. (Apartment buildings and
condominium buildings are examples of multifamily
dwellings)
DWELLING, A building containing two attached dwelling units,
TWIN HOME: side-by-side, that share a common wall at the lot line
and does not utilize a homeowners' association
DWELLING, A building designed with two separate dwelling units
TWO FAMILY: intended for occupancy by two families. A principal
dwelling unit that contains an accessory apartment is
not considered a two-family dwelling. (See also
Dwelling, Duplex or Dwelling, Twin Home)
DWELLING UNIT: A residential building or portion thereof intended for
occupancy by a family, but not including hotels,
motels, boarding or rooming houses, tourist homes
or trailers. It shall include manufactured homes.
EXTERIOR LIGHTING: Temporary or permanent lighting that is installed,
located, or used in such a manner to cause light
rays to shine outside. Fixtures that are installed
indoors that are intended to light something outside.
EXTERIOR STORAGE
(INCLUDES OPEN
STORAGE): The storage of goods, materials, equipment,
manufactured products and similar items not fully
enclosed by a building.
FAMILY: A. An individual or two (2) or more persons
related by blood, marriage or adoption living
together; or
B. A group of not more than five (5) persons who
need not be related by blood, marriage or adoption,
living together as a single housekeeping unit in a
dwelling unit, exclusive of usual servants.
FARM TRUCK: A. All single unit trucks, truck tractors, tractors, semi-
trailers, and trailers used by the owner thereof to
transport agricultural, horticultural, dairy, and other
farm products, including livestock, produced or
finished by the owner of the truck, and any other
personal property owned by the farmer to whom the
license for the truck is issued, from the farm to
market, and to transport property and supplies to the
farm of the owner. Trucks, truck tractors, tractors,
semi -trailers, and trailers registered as "farm trucks"
may be used by the owner thereof to occasionally
transport unprocessed and raw farm products, not
produced by the owner of the truck, from the place of
production to market when the transportation
constitutes the first haul of the products, and may be
used by the owner thereof either farmer or logger,
who harvests and hauls forest products only, to
transport logs, pulpwood, lumber, chips, railroad ties
and other raw and unfinished forest products from the
place of production to an assembly yard or railhead
when the transportation constitutes the first haul
thereof; provided, that the owner and operator of the
vehicle transporting planed lumber shall have in his
immediate possession a statement signed by the
producer of the lumber designating the governmental
subdivision, section and township where the lumber
was produced and that this haul, indicating the date,
is the first haul thereof. The licensed vehicles may
also be used by the owner thereof to transport, to and
from timber harvesting, any gravel and other road
building materials for timber haul roads.
B. "Farm trucks" shall also include only single unit
trucks, which, because of their construction, cannot
be used for any other purpose and are used
exclusively to transport milk and cream enroute from
a farm to an assembly point or place for final
manufacture, and for transporting milk and cream
from an assembly point to a place for final processing
or manufacture. This definition shall not be construed
to mean that the owner or operator of the truck cannot
carry on usual accommodation services for patrons
on regular return trips, such as butter, cream, cheese
and other dairy supplies.
FARM WINERIES: A rural residential property that is a minimum of 2'/2
acres in size, where the owner is engaged in making
of table, sparkling, or fortified wines from grapes,
grape juice, other fruit bases, in conformance with
State Statutes and Federal Laws. (Amd. 2/20/07, Ord.
339)
FEEDLOT, LIVESTOCK: The place of confined feeding of livestock, poultry, or
other animals for food, fur, pleasure or resale
purposes in yards, lots, pens, buildings, or other
areas not normally sued for pasture or crops and
in which substantial amounts of manure or related
other wastes may originate because of such feeding
of animals. (Amd. 4/18/06, Ord. 325A)
J21IU_1►[N/_11
INSTITUTION: An institution established for the receiving, keeping,
lending, or sometimes issuing of money and making
easier the exchange of funds by checks, notes, etc.
These include, but are not limited to, banks, mortgage
bankers, savings and loan associations, and similar
lending or banking institutions.
FLOOR AREA:
In R-1 through R-4 districts for one- and two-family
dwelling units, "floor area" shall be defined as the
square footage of ground coverage of the structure,
exclusive of the garage; except, that full two-story
structures shall require only a minimum of eighty
percent (80%) of the district requirements for "floor
area" as defined herein. For the purpose of
application of this term, a "full two-story" shall be
defined as a structure of which the second story
contains at least sixty percent (60%) of the minimum
square footage of floor area for the applicable
district.
FOOT-CANDLE:
The international unit of illumination produced on a
surface.
FULLY SHIELDED
LIGHT FIXTURE:
No light shines above the horizontal, from any part of
the fixture either directly from the lamp or a diffusing
element, or indirectly by reflection or refraction from
any part of the luminaire.
GARAGE, PRIVATE: A detached or attached accessory building or
carport, which is used primarily for storing passenger
vehicles or trailers.
GARAGE, PUBLIC: A building or portion of a building, except any herein
defined as a "private garage" or as a 'repair garage",
used for the storage of motor vehicles, or where any
such vehicles are kept for remuneration or hire and
in which any sale of gasoline, oil and accessories is
only incidental to the principal use.
GOVERNING BODY: City Council.
GROUP FAMILY
DAYCARE FACILITY: Means a daycare for no more than 14 children at any
one time. The total number of children includes all
children of any caregiver when the children are
present in the residence. (Amended Ord. 436, 4-15-
2014)
GUESTHOUSE: An accessory building detached from the
principal building where accommodation
for sleeping is provided but no kitchen
facility is provided.
HOME OCCUPATION: Any gainful occupation or profession clearly
secondary to the main use of the dwelling as a
residence that is conducted entirely within the
dwelling or as allowed by Conditional Use Permit and
which meets the requirements of Chapter 9 of this
title.
HOTELS AND MOTELS: An establishment containing rooming units providing
temporary lodging accommodations to the public, and
customary lodging services, including maid service,
the furnishing and upkeep of furniture and bed linens,
and which may provide additional services such as
restaurants, meeting rooms, entertainment, and
recreational facilities.
IESNA: Illuminating Engineering Society of North America.
INCINERATORS: Any structure or equipment for the burning of trash
not within a building.
JUNKYARD: An open area where waste, used, or secondhand
materials are bought, sold, exchanged, stored,
baled, packed, disassembled or handled,
including, but not limited to, scrap iron, and other
metals, paper, rags, rubber, tires and bottles.
K-12 SCHOOL: Any building or group of buildings, the use which
meets the compulsory education laws of the State of
Minnesota for elementary school, middle school
(junior high school), secondary school (senior high
school). (Amended Ord. 436. 4-15-2014)
KENNEL, ANIMAL
(EXCEPT DOGS): Any place where four (4) or more of any single
type of domestic animal, over four (4) months of
age, is owned, boarded, bred, or offered for sale.
LAND RECLAMATION: The reclaiming of land by depositing of materials so
as to elevate the grade. Any lot or parcel upon
which four hundred (400) cubic yards or more of fill
is to be deposited shall be considered "land
reclamation".
LANDSCAPING: Planting, such as trees, grass, and shrubs.
LIGHTING, DIFFUSED: Lighting that is filtered or dispersed so as to be
reduced in intensity.
LIGHTING, INDIRECT: Lighting designed so that the direct source of light is
not visible, and is screened through plastic, neon
tube, or similar design.
LIQUID STORAGE
SYSTEM, LIQUID
STORAGE TANK OR
TANK:
Any one or a combination of containers including
tanks, vessels, enclosures, or structures and
underground appurtenances connected to them, that
is used to contain or dispense an accumulation of
liquid substances deemed by the city to pose a threat
to the public's health, safety or welfare. (Amended
Ord. 314,10-4-2005)
LODGING ROOM: A room rented as sleeping and living quarters but
without cooking facilities. In a suite of rooms without
cooking facilities, each room which provides sleeping
accommodation shall be counted as one lodging
room.
LOT: A parcel of land occupied or used or intended for
occupancy or use by a use permitted in this title,
abutting on a public street, and of sufficient size to
provide the yards required by this title.
LOT AREA: The area of a lot in a horizontal plane bounded by the
lot lines.
LOT AREA PER FAMILY: The number of square feet of lot area required per
dwelling unit.
LOT, CORNER: A lot situated at the junction of, and abutting on two
(2) or more intersecting streets, or a lot at the point
of deflection in alignment of a continuous street, the
interior angle of which does not exceed one
hundred thirty-five degrees (135°).
LOT DEPTH: The mean horizontal distance between the front lot
line and the rear lot line of a lot.
LOT LINE: A property line bounding a lot; except, that where
any portion of a lot extends into the public -right -of
way, the line of such public right-of-way shall be the
lot line for applying this title.
LOT LINE, FRONT: That boundary of a lot which abuts an existing or
dedicated public street and, in the case of a corner
lot, it shall be the shortest dimension on a public
street. If the dimensions of a corner lot are equal, the
front lot line shall be designated by the owner and
filed with the City Council. If the corner lot is located
outside the Metropolitan Urban Service Area (MUSA)
and lacks municipal sanitary sewer, the owner may
designate the front line, provided one of the lot lines
abutting a public street meets the minimum width
requirement for the zoning district. Setbacks shall be
determined by said designation of front lot line.
LOT LINE, REAR: That boundary of a lot which is opposite the front lot
line. If the rear lot line is less than ten feet (10') in
length, or if the lot forms a point at the rear, the rear
lot line shall be a line ten feet (10) in length within the
lot, parallel to, and at the maximum distance from the
front lot line.
LOT LINE, SIDE: Any boundary of a lot that is not a front lot line or a
rear lot line.
LOT OF RECORD: Any lot which is one unit of a plat heretofore duly
approved and filed, or one unit of an Auditor's
Subdivision or a Registered Land Survey, or a
parcel of land not so platted, subdivided or
registered but for which a deed, Auditor's
Subdivision or Registered Land Survey has been
recorded in the office of the County Recorder of
Anoka County, Minnesota, prior to the effective date
of this title.
LOT, THROUGH: A lot that has a pair of opposite lot lines abutting two
(2) substantially parallel streets, and which is not a
corner lot. On a "through lot", both street lines shall
be front lot lines for applying this title.
LOT SPLIT The division of a tract of land into no more than
two (2) lots or parcels of land.
LOT WIDTH: The horizontal distance between the side lot lines
of a lot measured at the front setback line.
(Amended Ord. 314,10-4-2005)
LUMBERYARD: A retail business that stores lumber and wood related
products to be sold for use in construction and/or
home improvement. (Amended Ord. 380, 4/21/09)
MANUFACTURED HOME: A structure, transportable in one or more sections
that, in the traveling mode, is eight (8) body feet or
more in width, or forty (40) body feet or more in
length, or, when erected on site, is three hundred
twenty (320) or more square feet, and which is built
on a permanent chassis and designed to be used as
a dwelling with or without a permanent foundation
when connected to the required utilities, and includes
the plumbing, heating, air conditioning, and electrical
systems contained therein; except, that the term
includes any structure which meets all the
requirements and with respect to which the
manufacturer voluntarily files a certificate required by
the Secretary of the United States Department of
Housing and Urban Development and complies with
the standards established under Minnesota statutes
chapter 327 including the manufactured home
building code adopted therein.
MANUFACTURED
HOME PARK: Any premises which has facilities to accommodate
one or more occupied manufactured homes.
MANUFACTURING: Such uses include, but are not limited to, the
following: lumberyard, machine shops, products
assembly, sheet metal shops, plastics, electronics,
food and beverages, signs and displays, printing,
publishing, fabricated metal parts, appliances,
clothing and textiles. (Amended Ord. 436, 4-15-
2014; Amended 7/21/20, Ord. 509)
MEDICAL AND DENTAL
CLINICS: Those uses concerned with the diagnosis,
treatment and care of human beings not requiring
overnight care.
MINI STORAGE: A structure containing separate storage spaces of
varying sizes leased or rented on an individual
basis.
MINING: The extraction of sand and gravel or other material
from the land in the amount of four hundred (400)
cubic yards or more and removal thereof from the
site without processing.
MODULAR HOMES: A non-mobile housing unit that is basically fabricated
at a central factory and transported to a building site
where final installations are made permanently
affixing it to the site, built to meet or exceed the
state building code.
MORTUARY AND
FUNERAL HOME: A building used for human funeral services that may
contain space and facilities for funeral services,
preparation of the dead for burial, the performance of
autopsies and other surgical procedures on the dead,
the storage of caskets, funeral urns, and other related
funeral supplies and the storage of funeral vehicles. A
funeral home shall not include facilities for cremation,
unless allowed by a Conditional Use Permit. A funeral
chapel shall be considered an accessory use to a
funeral home. (Amended Ord. 314,10-4-2005)
MOTOR FREIGHT
TERMINAL: A building or area in which freight brought by motor
truck is assembled and/or stored for routing in
intrastate or interstate shipment by motor truck.
MOTOR VEHICLE: Any self-propelled vehicle not operated exclusively
upon railroad tracks vehicles known as trackless
trolleys that are propelled by electric power obtained
from overhead trolley wires but not operated upon
rails, except snowmobiles and mobile homes.
MULTIPLE
CONVERSIONS: Where the owner of a multiple dwelling transfers
ownership of the dwelling units to separate owners
(i.e., renters can become owners of their
respective dwelling units).
NON -CONFORMING
STRUCTURE: Any structure permitted by the previous zoning
ordinance and existing upon the effective date of this
title, which would not conform to the applicable
regulations if the structures were to be erected under
the provisions of this title.
NON -CONTINUOUS
OPERATION: Describes a business that closes to the public for at
least five hours duration between the hours of 11 pm
and 7 am each day of the week. (Amended Ord. 421,
10/02/12)
NOXIOUS MATTER OR
MATERIAL: Material capable of causing injury to living organisms
by chemical reaction, or is capable of causing
reaction, or is capable of causing detrimental effects
on the physical or economic well-being of individuals.
NURSERY, DAY: A use where care is provided for pay for three (3)
or more children under kindergarten age for
periods of four (4) hours or more per day.
OFF SITE THERAPEUTIC
MASSAGE SERVICES: Massage services conducted away from a licensed
massage establishment. Such off-site massage
service locations include, but are not limited to,
businesses and private homes.
OFF-STREET LOADING
SPACE: A space accessible from a street, alley, or driveway
for the use of trucks or other vehicles while loading
or unloading merchandise or materials. Such space
shall be of size as to accommodate one vehicle of
the type typically used in the particular business.
OFFICE USES: Those commercial activities that take place in office
buildings, where goods are not produced, sold, or
repaired. These include: banks, general offices,
governmental office, insurance office, real estate
office, taxicab office but not taxi stand, travel agency
or transportation ticket office, telephone exchange,
utility office, radio broadcasting and similar uses.
ON-SITE THERAPEUTIC
MASSAGE SERVICES: Massage services conducted at a licensed massage
establishment. Such on site massage service
locations shall include, but shall not be limited to,
businesses and private homes.
OPEN SALES LOT
(EXTERIOR STORAGE): Any land used or occupied for the purpose of buying
and selling any goods, materials, or merchandise
and for the storing of same under the open sky prior
to sale.
ORNAMENTAL FENCE: A fence not greater than six feet (6') in height that is
constructed from aluminum, wrought iron or steel,
with pickets no greater than two inches (2") in width
and no less than four inches (4") apart. Vertical
support posts shall not exceed six inches (6") in width
and shall be spaced a minimum of four feet (4') apart.
Horizontal framing crosspieces shall not exceed three
inches (3") in width. No other material shall obstruct
visibility through the fence. Chain-link fences are
specifically excluded from this definition.
OUTDOOR DISPLAY
STORAGE AND SALES: Means to store or exhibit, outside a commercial or
industrial building, a representative sample of
merchandise, goods or inventory intended for sale,
rent or lease in the normal course of the principal
occupant's business. (Amended Ord. 380, 4/21/09)
PARAPET: The extension of the main walls of a building above
the roof level.
PARKING SPACE: A suitably surfaced and permanently maintained
area on privately owned property either within or
outside of a building of sufficient size to store a
standard automobile.
PARTY WALL: A wall which divides two (2) adjoining
properties and in which each of the owners of
the adjoining properties has rights of
enjoyment.
PASSENGER
AUTOMOBILE: Any motor vehicle designed and used for the
carrying of not more than ten (10) persons including
station wagons but excluding motorcycles and
motor scooters. For purposes of taxation,
"passenger automobile" includes pickup trucks and
vans.
PASSENGER VEHICLE: Any vehicle classified as a passenger automobile,
pickup truck, or van. "Passenger vehicle" does not
include motorcycles, motorized bikes, buses,
railroad vehicles, farm trucks and special mobile
equipment.
PERSONAL SERVICES: Establishments primarily engaged in providing
services involving the care of a person or his or her
apparel, such as: barber and beauty shops, carpet
and upholstery cleaning, catering services, daycare
centers, health clubs and spas, laundry and dry
cleaning, locksmiths, optical goods stores, pet
grooming shops, rapid or quick print shops, shoe
repair shops, tailor shops, tax service, travel
bureaus.
PHOTOMETRIC PLAN: A point by point plan depicting the intensity and
location of lighting on the property.
PICKUP TRUCK: Any truck with a manufacturer's nominal rated
carrying capacity of three-fourths (3/4) ton or less
and commonly known as a "pickup truck".
PLANNED UNIT
DEVELOPMENT (PUD): A development with alternative development
standards approved by the City Council to create a
higher quality development than might otherwise be
achieved through the strict application of this code.
The PUD is an overlay to the original zoning district;
and the use of a PUD allows the development to
deviate from the standards of the original zoning
district.
PLANNING AND ZONING
COMMISSION: The Planning and Zoning Commission of the city
unless otherwise designated'.
POST -SECONDARY
SCHOOL: Any building or group of buildings, the use of which is
higher in education than secondary school (senior
high school). (Amended Ord. 436, 4-15-2014)
POULTRY: Domestic fowls, such as chickens, turkeys, ducks
or geese, raised for meat or eggs. (Amd. 4/18/06,
Ord. 325A)
DIFFICULTIES: As used in connection with the granting of a variance,
means that the property owner proposes to use the
property in a reasonable manner not permitted by the
zoning ordinance; the plight of the landowner is due to
circumstances unique to the property not created by
the landowner; and the variance, if granted, will not
alter the essential character of the locality. Economic
considerations alone do not constitute practical
difficulties. Practical difficulties include, but are not
limited to, inadequate access to direct sunlight for
solar energy systems. (Amended Ord. 407, 6-21-11)
PRINCIPAL ENTRANCE: That entrance of a building designed for use by
customers, visitors and tenants; however, it does
not include loading doors, service entrances, doors
to storage areas or similar entrances.
PRINCIPAL STRUCTURE
OR USE: One which determines the predominant use
1 See title 2, chapter 2 of this code.
as contrasted to accessory use or structure.
A "principal use" may be either permitted or
conditional.
PRIVATE CLUB
OR LODGE: A building and related facilities owned or operated by
a corporation, association, or group of individuals
established for the fraternal, social, educational,
recreational or cultural enrichment of its members
and not primarily for profit, and whose members
meet certain prescribed qualifications for
membership and pay dues.
PROFESSIONAL
STUDIO: A building or portion of a building used as a place of
work by an artist, photographer, or artisan. (Amended
Ord. 436; 4-15-14)
PUBLIC LAND: Land owned or operated by municipal, school
district, county, state or other governmental units.
RACETRACK: Any area where two (2) or more power -driven
vehicles or animals are raced for profit or pleasure.
RECREATION
EQUIPMENT
(IN RESIDENTIAL
DISTRICTS):
Play apparatus such as swing sets and slides,
sandboxes, poles for nets, picnic tables, lawn chairs,
barbecue stands, and similar equipment or structures,
but not including tree houses, swimming pools,
playhouses exceeding twenty-five (25) square feet of
floor area, or sheds utilized for storage of equipment.
RECREATIONAL
VEHICLE: Travel trailers, truck campers, camping trailers and
self-propelled motor homes and converted buses
licensed as an RV, or boats, snowmobiles, all -terrain
vehicles, and other similar vehicular portable
structures without permanent foundation, which can
be towed, hauled or driven and primarily designed for
temporary living accommodation and/or for
recreational, camping and travel use. Recreational
vehicles parked on or inside a single trailer should be
considered as one recreational vehicle
RELIGIOUS
INSTITUTION: 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.
RENTAL BUSINESS: The rental of equipment associated with the primary
use of the property. (Amended Ord. 436, 4-15-2014)
REPAIR GARAGE: Any building, premises and land in which or
upon which a business, service or industry
involving the maintenance, servicing, repair or
painting of vehicles is conducted or rendered.
REPAIR SERVICE: Repair and/or servicing of such items as musical,
scientific and medical instruments, photographic
equipment, jewelry, watches, clocks, small household
appliances, office machines, shoes and clothes, and
similar uses.
RESEARCH: Medical, chemical, electrical, metallurgical or other
scientific research conducted in accordance with the
provisions of this title.
RESEARCH
LABORATORY: An establishment or other facility for carrying on
investigation in the natural, physical or social
sciences, or engineering and development as an
extension of investigations with the objective of
creating products.
RESORT: A place that is a destination for vacation or
recreation, rest, or frequented for a particular
purpose, often with food and/or entertainment.
(Amended Ord. 436, 4-15-2014)
REST HOME
(NURSING HOME): A private home for the care of children or the aged or
infirm or place of rest for those suffering bodily
disorders. Such a home does not contain equipment
for surgical care or for the treatment of disease or
injury, nor does it include maternity care or care for
mental illness or infirmities.
RETAIL TRADE AND
SERVICES: A business having as its primary function the supply
of merchandise, wares, and/or personal services to
the consumer. (Amended Ord. 436, 4-15-2014)
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.
(Amended Ord. 524, 9-21-21)
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.
SETBACK: The minimum horizontal distance between a
building and street or lot line. Distances are to be
measured from the most outwardly extended
portion of the structure at ground level.
SHOPPING CENTER: Any grouping of two (2) or more principal retail uses,
whether on a single lot or abutting lots, under multiple
or single ownership.
SIGHT TRIANGLE: On corner lots (including rural areas), nothing shall
be placed or allowed to grow in such a manner as
materially to impede vision between a height of two
and one-half feet (2'/2) and ten feet (10') above the
centerline grades of the intersecting streets within
fifteen feet (15') of the intersecting street right of way
lines. This restriction shall also apply to the planting
of crops and to yard grades that result in elevations
that impede vision within fifteen feet (15') of any
intersecting street right of way lines.
SIGN: A name, identification, description, display,
structure, illustration, or device which is affixed,
painted, or represented either directly or indirectly
upon a building or other surface which directs
attention to an object, product, place, activity,
person, institution, organization or business.
SIGN, ABANDONED: A sign which no longer correctly advertises a bona
fide business, lessor, owner, product or activity
conducted, or product available on the premises
where the sign is displayed, or elsewhere.
SIGN AREA: The area within the frame shall be used to calculate
the square footage; except, that the width of a frame
exceeding twelve inches (12") shall constitute
advertising space, or should such letters or graphics
be mounted directly on a wall or fascia or in such a
way as to be without a frame, the dimensions for
calculating the square footage shall be the area
extending six inches (6") beyond the periphery
formed around such letters or graphics in a plane
bounded by straight lines connecting the outermost
points thereof, and each surface utilized to display a
message or to attract attention shall be measured as
a separate sign.
SIGN STRUCTURE: The supports, upright, braces and framework of the
sign.
SIGN STYLES:
Sign, Audible: Any sign constructed to produce or emit sound. This
shall not include order boards used in conjunction
with a drive-thru window.
Sign, Bench: A sign that is affixed to a bench, not to include
memorial dedications in park areas.
Sign, Combination: A sign incorporating a combination of the features of
freestanding and wall signs.
Sign, Flashing: An illuminated sign on which the artificial light is not
maintained stationary and/or constant in intensity and
color.
Sign, Freestanding: A sign that is supported by one or more uprights,
poles or braces in or upon the ground, other than a
combination sign. This shall include ground
monument style signs.
Sign, Illuminated: Any sign that has characters, letters, figures, designs
or outlines illuminated by electric lights or tubes.
Sign, Multifaced: A sign with two (2) or more exposed faces, not to
exceed the square footage allowed for a single face
sign.
Sign, Reader Board: A sign that has a reader board where copy changes.
Sign, Roof: A sign erected upon the roof deck or above the
parapet of a building.
Sign, Wall: A sign attached to or erected against the wall of a
building with the exposed face of the sign in a plane
parallel to the plane of said wall.
SIGN TYPES:
Sign, Area
Identification: A freestanding sign that identifies the name of a
neighborhood, a residential subdivision, a multiple
residential complex consisting of three (3) or more
structures, a shopping center or area, an industrial
area, an office complex consisting of three (3) or more
structures, or any combination of the above, could be
termed an area identification sign.
Sign, Ballfield
Advertising: A sign that is attached to the outfield wall or fence of a
baseball or softball field and advertises a business,
good, or product. (Amended Ord. 330, 6-6-2006)
Sign, Billboard: A permanent sign or sign structure with a changeable
face used to advertise products, goods, or services
that are not sold, offered, or otherwise related to
activities conducted on the premises on which the
sign is located.
Sign, Business Or
Industrial
Identification: A sign which states the name, address, or both, of
the businesses, or occupants of a lot.
Sign, Governmental: A sign that is erected by a governmental unit or
public utility for the purpose of public information,
warning or directing traffic.
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: religious institutions,
schools, sanitariums, hospitals, government buildings
and nursing homes). (Amended Ord. 480, 3-20-18)
Sign, Memorial
Dedication: A sign memorializing a person or persons, deed, or
event. Such signs shall not include any type of
advertising or commercial message.
Sign, Real Estate: A sign offering property (land and/or buildings) for
sale, lease or rent.
Sign, Residential
Identification: A sign identifying a resident (including address and
profession, occupation or home occupation), school,
religious institutions, or other non -business use.
(Amended Ord. 480, 3-20-18)
Sign, Scoreboard
Advertising: A sign attached to a permanent scoreboard structure
at an athletic field that advertises a business, good or
product. (Amended Ord. 330, 6-6-2006)
Sign, Temporary: Any sign placed in such a manner as not to be solidly
affixed to any building, structure, or land.
Sign, Unsightly: A condition where a sign has deteriorated to the point
that one-fourth (1/4) or more of the surface of the
name, identification, description or other symbol is no
longer clearly recognizable to the human eye at a
distance of forty feet (40'). In the case of painted
signs, "unsightly" shall mean that the paint is peeling
away from the structure surface or is faded so that it
is not recognizable to the human eye at a distance of
forty feet (40').
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.
(Amended Ord. 463, 6-21-16)
BMW : u
EQUIPMENT: Any vehicle not designed or used primarily for the
transportation of persons or property and only
incidentally operated or moved over a highway,
including, but not limited to: ditch digging apparatus,
moving dollies and other machinery such as asphalt
spreaders, bituminous mixers, bucket loaders, non-
farm tractors other than truck tractors, ditchers,
leveling graders, finishing machines, motor graders,
road rollers, scarifiers, earth moving carryalls,
scrapers, power shovels, drag lines, self-propelled
cranes and earth moving equipment. The term does
not include house trailers, dump trucks, truck
mounted transit mixers, truck mounted feed grinders
or other motor vehicles designed for the
transportation of persons or property to which
machinery has been attached.
STOOP: A platform or deck which is the top level of a stairway
system that extends from the entrance of a building.
(Amd. 4/18/06, Ord. 325A)
STORY: That portion of a building between a floor and ceiling
with a minimum height of seven feet (T). A basement
shall not be counted as a story in a residential
structure.
STREET: A public or private roadway intended to be used for
the passage or travel by vehicles, pedestrians,
bicyclists and related maintenance activities. Streets
may be local, collector or arterials as defined by the
Comprehensive Plan. (Amended Ord. 314, 10-4-
2005)
STRUCTURAL
ALTERATION: Any change, other than incidental repairs, which
would prolong the life of the supporting members of a
building, such as bearing walls, columns, beams,
girders or foundations.
STRUCTURE: Anything erected, the use of which requires more or
less permanent location on the ground or attached to
something having a permanent location on the
ground. This shall include signs.
SUBDIVISION: The division of a tract of land into two (2) or more lots
or parcels of land for the purpose of transfer of
ownership or building development. The term includes
resubdivision and, when appropriate to the context,
shall relate to the process of subdividing or to the land
subdivided
SUBORDINATE
CLASSROOM
STRUCTURES: Those structures erected upon a lot containing a
school or 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; Amended Ord. 480, 3-20-18)
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.
(Amended Ord. 463, 6-21-16)
TEMPORARY
STRUCTURE: A structure not permanently erected on a site
(without a foundation), other than a living
unit, that is used for emergency purposes or
used on a construction site for offices and
equipment storage during construction of a
permanent structure.
THEATER: A building or part of a building devoted to showing
motion pictures, or for dramatic, musical or live
performance.
THERAPEUTIC
MASSAGE: The practice of applying pressure on, or friction
against, or the rubbing, stroking, kneading, tapping, or
rolling of the external parts of the human body with
the hands or with the aid of mechanical or electrical
apparatus, appliance or device with or without such
supplementary aids as rubbing (isopropyl) alcohol,
liniment, antiseptic, oil, powder, cream, lotion,
ointment, or other similar preparation, for the
exclusive purpose of tension, stress, pain relief,
relaxation, increased range of motion, muscle tone
improvement, physical fitness, or beautification and
for no other purpose, by a person not licensed as a
medical doctor, chiropractor, osteopath, podiatrist,
nurse, or physical therapist, or an assistant who
works solely under the direction of any of the above
described professionals, or beautician and barber
who confine their treatments to the scalp, face, and
neck.
THERAPEUTIC
MASSAGE
ESTABLISHMENT: An establishment in the business of providing
therapeutic massage services (on site and off
site) to the public.
TOWNHOUSES: Attached dwelling units each with a separate
entrance to front and rear yards.
TRAILER: A vehicular type, portable structure without permanent
foundation and capable of movement when drawn by
another vehicle as it's means of propulsion and,
primarily designed for towing or hauling cargo and/or
things.
TRAILER PARK: Any premises which has facilities to
accommodate one or more occupied travel
trailers on a seasonal basis.
TRANSPORTATION
TERMINAL: Truck, bus terminal (other than school bus
terminal) and storage area, including motor
freight (solid and liquid) terminal, but only if
necessary to a principal use permitted in
industrial districts.
TRAVEL TRAILER: Any type of vehicle having less than two hundred
(200) square feet of living space which can be
readily adapted to or does provide facilities for a
person or persons to eat or sleep and is readily
adaptable for transporting.
TRUCK: Any motor vehicle designed and used for carrying
things other than passengers, except pickup trucks
and vans included within the definition of "passenger
automobile".
TRUCK TRACTOR
(TRACTOR): Any motor vehicle designed and used for drawing
other vehicles and having no provision for carrying
loads independently nor constructed to carry a
load other than a part of the weight of the vehicle
and load drawn.
TWO-FAMILY HOME
CONVERSIONS: The changing of an existing two-family home from
sole ownership into two (2) separate ownerships.
UNIFORM RATIO: The maximum to minimum value between adjacent
luminaries.
USE: The purpose or activity for which the land, structure or
building thereon is designed, arranged or intended, or
for which it is occupied or maintained.
USE, CONDITIONAL: Either a public or private use as listed which, because
of its unique characteristics, cannot be properly
classified as a permitted use in a particular district.
After consideration, in each case, of the impact of
such use upon neighboring land, and of the public
need for the particular use at the particular location,
such "conditional use" may or may not be granted by
the governing body.
USE, OPEN: The use of a lot without a building, or including a
building, incidental to the open use with a ground
floor area equal to five percent (5%) or less of the
area of the lot.
USE, PERMITTED: A use which may be lawfully established in a
particular district or districts, provided it conforms
with all requirements, regulations, and performance
standards of such district.
USED AUTO PARTS: The processing, storage, and sale of secondhand or
used automobile or other vehicle parts, provided such
use is established entirely within enclosed buildings.
UTILITY — PRIVATE: Includes cable television, electric, gas, phone, steam,
communication services or the like. (Amended Ord.
436, 4-15-2014)
UTILITY— PUBLIC: Includes municipal sanitary sewer, water, storm sewer
and any other municipal utility installed by or for the
City of Andover. (Amended Ord. 436, 4-15-2014)
VAN: Any vehicle of box like design with no barrier of
separation between the operator's area and the
remainder of the passenger carrying or cargo
carrying area, and with manufacturer's nominal
rated carrying capacity of three-fourths (3/4) ton or
less and commonly known as a "van".
VETERINARY: Those uses concerned with the diagnosis, treatment
and care of animals, including animal or pet hospitals.
WAREHOUSING: The storage of materials or equipment within an
enclosed building as a principal use.
YARD: The required open space on a lot which is
unoccupied and unobstructed by a structure from its
lowest level to the sky, except as permitted in this
title. The "yard" extends along the lot line at right
angles to such lot line to a depth or width specified in
the setback regulation for the zoning district in which
such lot is located.
YARD, FRONT: The yard extending along the full width of the front
lot line between side lot lines and extending from
the abutting street right-of-way line to the depth
required in the setback regulations for the zoning
district in which such lot is located.
YARD, REAR: The portion of the yard on the same lot with the
principal building located between the rear line of
the building and the rear lot line extending the full
width of the lot.
YARD, SIDE: The yard extending along the side lot line between
the front and rear yards to a depth or width required
by setback regulations for the zoning district in which
such lot is located.
ZONING DISTRICT: An area or areas within the limits of the City of
Andover for which the regulations and requirements
governing use are uniform. (Amended Ord. 8, 10-21-
1970; amd. Ord. 8000000,8-5-2002; Ord.
8PPPPPP, 8-20-2002; 2003 Code; Ord. 293, 7-6-
2004; Ord. 294, 7-6-2004; Ord. 298, 8-4-2004)
CHAPTER
ZONING DISTRICTS AND MAP
SECTION:
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
12-3-1: PURPOSE OF ZONING DISTRICTS: The zoning districts are so
designated as to assist in carrying out the intent and purposes of the
Comprehensive Plan and to control residential densities in such manner as to
adequately provide public services and utilities. The zoning districts are based
upon the Comprehensive Plan which has the purpose of protecting the public
health, safety, convenience and general welfare by controlling the needs for
public utilities, protecting against traffic congestion and accident hazards,
protecting the public health from adverse influences generated by nonresidential
uses, protecting against the danger of fire, conflagration, and other purposes of a
similar nature. (Amended Ord. 8, 10-21-1970, (Amended Ord. 314 10-4-2005)
12-3-2: ZONING DISTRICTS ESTABLISHED: For the purpose of this title,
the city is hereby divided into the following zoning districts:
Residential Districts:
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
Single Family Medium -Low Density
M-1
Multiple Dwelling Medium Density
M-2
Multiple Dwelling High -Low Density
M-3
Multiple Dwelling High Density
Commercial/Industrial Districts:
NB Neighborhood Business
SC Shopping Center
GB General Business
I Industrial
CLR Closed Landfill Restricted
Overlay Districts:
AgP Agricultural Preserve
SR Scenic River Overlay District
SL Shoreland Overlay District
(Amended Ord. 8, 10-21-1970; amd. 2003 Code, Amended Ord. 314 10-4-2005;
Amended Ord. 468, 6-6-17)
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. (Amended 468, 6-6-17)
B. 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)
C. 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)
D. 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)
E. R-4 Single Family Urban Residential: This district represents urban
density use by single-family detached dwellings. (Amended Ord. 314 10-
4-2005)
F. R-5 Single Family Medium Low Density: This district is intended to provide
areas suitable for a variety of attached and detached dwelling units. The
R-5 District helps to address the need for life cycle housing with increased
density and smaller lot sizes. This district, with appropriate transitions, can
serve as a buffer between lower density residential and commercial
districts and may also be appropriate along higher volume transportation
corridors.
G. 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)
H. 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)
M-3 Multiple Dwelling High Density: This district is intended to provide
affordable housing choices for all stages of the life cycle. Owner occupied
as well as rental housing is permitted. These neighborhoods are created
as part of a Planned Unit Development (PUD) that ensures efficient
distribution of density and to achieve appropriate transitions between uses
of different intensity and transportation corridors. These transitions are
achieved with a combination of landscaping, berms, physical separation
and preservation of natural features. PUD review is used to establish
standards that are specifically designed for each development. Potential
sites for this district must be evaluated to ensure enough capacity of
municipal infrastructure can be provided. Locations near higher volume
transportation corridors, such as collector and arterial streets is necessary
to accommodate the increased level of traffic generated by this land use.
Location near shopping, service, transit and park facilities is also
desirable. Appropriate transitions between this district and other districts
or transportation corridors are necessary. These transitions are achieved
with a combination of landscaping, berms, physical separation and
preservation of natural features.
J. 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 I. 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
ownership.
1. Permitted Uses
Uses allowed in this district include outdoor equipment or small buildings
used in concert with gas extraction systems (i.e. gas to energy system),
other response action systems, monitoring wells, or any other equipment
designed to protect, monitor or otherwise ensure the integrity of the landfill
monitoring or improvement systems. Fences and gates shall be allowed
under these provisions.
2. Accessory Uses
Accessory uses shall be limited to installation, operation and maintenance
of equipment to support permitted uses.
3. Conditional Uses
Conditional uses shall be limited to passive uses to protect the integrity of
the landfill area and to protect any person from hazards associated with
the landfill. The landfill shall be planted in cover crops and shall be
maintained by the MPCA.
Any proposed conditional use must be approved by the Commissioner of
the Minnesota Pollution Control Agency (MPCA) and the City of Andover.
Such approved use shall not disturb or threaten to disturb, the integrity of
the landfill cover, liners, any other components of any containment
system, or the function of any monitoring system that exists upon the
described property.
4. Prohibited Uses and Structures
All other uses and structures not specifically allowed as conditional uses,
or that cannot be considered as accessory uses, shall be prohibited in the
CLR District.
5. General Regulations
Requirements for parking, signs, area, and other regulations are set forth
in Title 12 of the City Code. (Amended Ord. 333, 9-19-2006)
O. AgP: Agricultural Preserve Overlay District: These areas are areas that
are cultivated for raising crops and farming as well as feeding, breeding,
and raising of livestock. These areas are typically enrolled in the
Agricultural Preserve or Green Acres programs as defined by the State of
Minnesota. To qualify for Agricultural Preserve Program, the property must
be zoned long-term agricultural by the city, with a maximum residential
density of one house per forty acres. The parcel must (normally) be forty
acres in size. However, smaller tracts may qualify in certain instances.
P. SR: Scenic River Overlay District: See Title 13 Chapter 5 BLUFFLAND.
These provisions are for the controlling of bluffland and riverland
development in order to protect and preserve the scenic, recreational,
natural, historical and scientific values of the Rum River in Andover in a
manner consistent with Minnesota Statutes and the Management Plan for
the Rum River.
Q. SL: Shoreland Overlay District: See Title 13 Chapter 4 SHORELAND
MANAGEMENT. This overlay district is pursuant to the authorization and
policies contained in Minnesota States Chapter 103F, Minnesota
Regulations Parts 6120.25000 to 6120.3900 and the planning and zoning
enabling legislation in Minnesota Statures Chapter 462.
12-3-4: ZONING DISTRICT MAP:
The boundaries of the districts as established by this title are as shown on the
map published herewith and made a part of this title which map is designated as
the "zoning district map", as amended from time to time, which map is properly
approved and filed with the Zoning Administrator. The district boundary lines on
said map are intended to follow street right-of-way lines, street centerlines, or lot
lines, unless such boundary line is otherwise indicated on the map. In the case of
un -subdivided property or in any case where street or lot lines are not used as
boundaries, the district boundary lines shall be determined by use of dimensions
or the scale appearing on the map. All of the notations, references and other
information shown thereon shall have the same force and effect as if fully set
forth herein and are made part of this title by reference and incorporated herein
as fully as if set forth herein at length. (Ord. 8MMMMMM, 7-2-2002; amd. 2003
Code)
12-3-5: MINIMUM DISTRICT REQUIREMENTS:
A. Lot splits may be allowed with lot sizes that cannot conform to
the minimum district provisions as follows:
1. This provision shall only apply to lot splits which result in no more than
two (2) lots. Reduced lot standards shall not be considered for plats
containing more than two (2) lots.
2. Each lot within the proposed lot split shall meet at least two (2) of the
following requirements for the applicable zoning district: lot width, lot
depth, lot area.
3. Each lot within the proposed lot split shall provide at least ninety
percent (90%) of the requirement that cannot be met. (Ord. 8CCCCCCC,
6-17-2003)
B. Maximum Height:
1. Principal Structure Height: A Conditional Use Permit may be granted
to allow principal buildings to exceed the height limits imposed by
provisions of this title provided it is determined that:
a. Adequate fire protection and other safety features are provided.
b. The height and bulk of the building will not destroy a scenic or
appropriate view, will not shut off light and air from surrounding
properties, or otherwise be detrimental to the public.
C. In no event, however, shall any building occupy more than the
permitted percentage of lot area as provided in this title. (Amended
Ord. 314, 10-4-05)
2. Exemptions From Height Limits: Height limitations shall not apply to
the following:
a. Barns, silos and other agricultural structures for rural agricultural
uses,
b. Religious institution spires, steeples, belfries, cupolas and
domes
c. Chimneys, flagpoles
d. Public utility facilities
e. Transmission towers and antennae subject to City Code 9-11
f. Parapet walls extending not more than four feet (4') above the
height of the building. (Amended Ord. 314 10-4-2005)
g. Wind Energy Conversion Systems (WECS) subject to City Code
9-12. (Amended Ord. 380 3-16-10)
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CHAPTER 4
GENERAL ZONING PROVISIONS
SECTION:
12-4-1:
Water Supply
12-4-2:
Lot Provisions
12-4-3:
Encroachments
12-4-4:
Farming Operations
12-4-5:
Vacated Streets
12-4-6:
Certain Dwelling Units
12-4-1: WATER SUPPLY: Public water is required in all new developments
located in areas where public water is available. (Amended Ord. 8, 10-21-1970)
12-4-2: LOT PROVISIONS:
A. Number Of Buildings Per Lot: Except in Planned Unit Developments there
shall be no more than one (1) principal building on one (1) lot in all
residential districts unless a resident chooses to live in an existing home
while a new home is being constructed. Within thirty (30) days of the
issuance of the Certificate of Occupancy for the newly constructed home,
the older home shall be removed or demolished. The new principal
building must be completed within twelve months of the issuance of the
building permit.
B. Access Drive: An access drive, as defined by Section 12-2-2 of this code,
shall be provided to every principal building that is three hundred feet
(300') or more from a thoroughfare or street. (amd. Ord. 314, 10-4-2005)
12-4-3: ENCROACHMENTS: The following shall not be considered as
encroachments on setback and height requirements, subject to other conditions
hereinafter provided:
A. In Any Yards:
1. Posts, flues, belt course, leaders, sills, pilasters, lintels, cornices,
eaves, gutters, awnings, open canopies, steps, flagpoles,
chimneys, ornamental features, open fire escapes, sidewalks and
window wells.
2. Terraces, steps, exposed ramps (wheelchair), stoops, or similar
features. These features shall not exceed the height of the ground
floor level of the principal structure, nor shall they extend to a
distance less than three feet (3') from any lot line or less than one
foot (1') from any existing or proposed access drive.
3. Yard lights and nameplate signs in residential districts, trees,
shrubs, plants, floodlights, or other source of light illuminating
authorized signs, or light standards for illuminating parking areas,
loading areas or yards for safety and security reasons. (Amended
Ord. 325A, 4-18-2006)
4. All structural projections described above shall not encroach
more than thirty-six inches (36") into the required setback area as
measured at ground level.
B. In Rear Yards (Not Along Street): Detached outdoor picnic shelters,
outdoor living rooms or patio decks may extend to within ten feet (10') of a
rear lot line. No such structures shall exceed five hundred (500) square
feet.
C. In Rear Yards:
1. Clotheslines, outdoor eating facilities, picnic tables, and
recreational equipment, provided these are not less than ten feet
(10') from any lot line. (Amended Ord. 8, 10-21-1970)
2. Decks shall be allowed to encroach into the rear yard setback
provided that no portion of the deck extends more than eight (8)
feet into the otherwise required rear yard setback. (Amd. 4/18/06,
Ord. 325A)
D. Quasi -Public Structures: No quasi -public structure shall be located within
the public right of way except by permit issued by the governing body.
Such structures shall include, but not be limited to: utility structures and
enclosures, bicycle racks, benches, planting boxes, light standards, signs,
and other such structures. (Amended Ord. 8, 10-21-1970) (Amended Ord.
314,10-4-2005)
12-4-4: FARMING OPERATIONS:
A. Permitted Use: All farms in existence upon the effective date of this title
and all farms that are brought into the city by annexation shall be a
permitted use.
B. Building Regulations: All dwelling units and structures for processing
of farm goods shall require a building permit and conform to all
requirements of the building code'.
C. Conditional Use Requirements: The governing body may require any
farm operation to secure a Conditional Use Permit to continue said
operations in the event of the following:
1. The farm is adjacent to or within four hundred feet (400') of any dwelling
unit and may be detrimental to living conditions by emitting noise, odor,
vibrations, hazards to safety and the like.
2. The farming operations are so intensive as to constitute an industrial
type use consisting of the compounding, processing, and packaging of
products for wholesale or retail trade and further that such operations may
tend to become a permanent industrial type operation that cannot be
terminated as can a normal farming operation. (Amended Ord. 8, 10-21-
1970)
12-4-5: VACATED STREETS': Whenever any street, alley, easement or
public way is vacated by official action, the zoning district abutting the centerline
of the said vacated area shall not be affected by such proceeding. (Amended
Ord. 8, 10-21-1970)
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 ordinance3. (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.
(Amended Ord. 463, 6-21-16)
1 See title 9, chapter 1 of this code.
1 MSA §§ 462.358, subd. 7 and 412.851.
3 See title 9, chapter 6 of this code.
CHAPTER 5
SETBACK REQUIREMENTS
SECTION:
12-5-1:
Front Setbacks For Existing Buildings
12-5-2:
Setbacks Adjacent To Residential Areas
12-5-3:
Building Setbacks and Future Street Improvements
12-5-4:
Animal Shelters
12-5-1: FRONT SETBACKS FOR EXISTING BUILDINGS: In an R-2, R-
3, or R-4 district where adjoining principal buildings existing at the time of
adoption of this title have a lesser setback than that required, the required front
yard of a new structure shall not be less than the average front yard of the
buildings on each side of the lot for four hundred feet (400') and in no case shall
be less than twenty feet (20'). (Amended Ord. 8, 10-21-1970)
12-5-2: 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 (35').
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 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; Amended Ord. 480, 3-20-18)
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
(Amended Ord. 314 10-4-05).
12-5-3: BUILDING SETBACKS AND FUTURE STREET
IMPROVEMENTS:
A. Where the right-of-way width for a county road is less than one hundred
twenty feet (120'), a one hundred ten foot (110') minimum setback from
the centerline of the county road shall be required except in the R-4
Zoning District where the minimum setback from the centerline of the
county road shall be one hundred feet (100'). (Amended Ord. 8, 10-21-
1970; amd. Ord. 314,10-4-05)
B. Where less than the minimum roadway right-of-way required by City Code
11-3-3 exists, setbacks for all structures shall be measured assuming
right-of-way required by City Code 11-3-3. (Amended Ord. 314, 10-4-05).
C. All buildings constructed on properties that abut a street stub or temporary
cul-de-sac shall be required to be set back to accommodate the extension
of a future street through the property. The required setback shall
conform to City Code 12-3-5 and be measured from the edge of future
right-of-way needed to satisfy the requirements of City Code 11-3-3. In
the event there are wetlands, floodplains or other obstacles to direct street
extension through the property, a feasible route for the roadway extension
shall be established prior to determining the setback required by this
section (Amended Ord. 314,10-4-05).
12-5-4: ANIMAL SHELTERS:
A. Animals: Any building in which farm animals, pleasure/recreational
animals or poultry are kept shall be a distance of one hundred feet (100')
or more from any other occupied residence, and any open or roofed
enclosure in which such animals are kept shall be a distance of fifty feet
(50') or more from any occupied residential lot. The City Council may order
the owner of any such animals to apply for a Conditional Use Permit if it is
deemed to be in the interest of the public health, safety, or general
welfare. (Amended Ord. 8, 10-21-1970; amd. 2003 Code; amd. Ord 314
10-4-2005; Amd. 4/18/06, Ord. 325A)
CHAPTER 6
ACCESSORY STRUCTURES, USES AND TEMPORARY STRUCTURES
SECTION:
12-6-1: Definition
12-6-2:
Construction Prior To Principal Structure
12-6-3:
Accessory Structure Height
12-6-4:
Size And Construction Requirements
12-6-5:
Location And Setback Requirements
12-6-6:
Temporary Structures
12-6-1: DEFINITIONS:
A. Accessory Structure: For the purpose of this chapter, "accessory
structure" shall mean garages, sheds, utility buildings and structures, and
similar uses accessory to principal structures and uses.
B. Building Height: For the purposes of this section, building height shall
mean the vertical distance from the average of grade (the average
finished ground level adjoining the exterior of the building) to the average
height of the highest roof surface.
12-6-2: CONSTRUCTION PRIOR TO PRINCIPAL STRUCTURE: An
Interim Use Permit shall be required for any accessory structure to be permitted
on any lot prior to the principal structure except for the following:
A. Subdivision: If an existing and legally conforming accessory structure
would be separated from its principal structure as part of a proposed
subdivision, the City Council may authorize the City Administrator or their
designee to enter into an agreement with the property owner to allow the
accessory structure to exist on its lot prior to a principal structure for a
period of up to one (1) year.
12-6-3: ACCESSORY STRUCTURE HEIGHT: The maximum building
height of accessory structures shall be limited as follows:
A. Residential Districts: Except as provided by Section 12-3-5 of this Title,
no residential accessory structure shall exceed the building height of the
principal structure, and in the R-4 zoning district the maximum accessory
structure building height shall not exceed fifteen (15) feet.
B. Business or Industrial Districts: Maximum accessory structure height in a
commercial or industrial district shall be equal to the building height of the
principal structure, except by conditional use permit or except subject to
Section 12-3-5.
12-6-4: SIZE AND CONSTRUCTION REQUIREMENTS:
A. Residential Districts:
Accessory Structure Area: If an accessory structure or portion thereof
serves to satisfy the minimum garage size requirements of Section 12-3-5,
then that area, whether attached or detached, will not be deducted from
the maximum allowable area of accessory structures. The maximum
allowable area of residential accessory structures must not exceed the
area specified below:
Lots In The R-4 District and Lots Less Than 1 Acre — In the R-4 District
and in all other residential districts, on lots of less than one (1) acre the
maximum allowable area of accessory structures shall not exceed fifty
percent (50%) of the principal structure foundation area (excluding
attached garage); and the total combined area of attached garage and
accessory structures shall not exceed one thousand two hundred
(1,200) square feet, whichever is less.
b. Lots 1 Acre To Less Than 5 Acres -- In residential districts other than
the R-4 district, on lots of at least one (1) acre but less than five (5)
acres, the maximum allowable area of accessory structures shall not
exceed the principal structure foundation area (excluding attached
garage).
c. Lots 5 Acres And Larger --In residential districts other than the R-4
district, on lots of five (5) acres and larger, the maximum allowable
area of accessory structures shall be limited only by the setbacks and
maximum impervious land coverage requirements of this code.
B. All Districts: Accessory structures shall not occupy more than twenty five
percent (25%) of any required rear yard
C. Construction Requirements:
1. To preserve residential neighborhood aesthetics and property values,
accessory structures located:
• closer than the principal structure to a property line fronting on a
public right of way; or
• within the Metropolitan Urban Service Area [MUSA Boundary]; or,
• on any lot of less than two and a half (2.5) acres,
shall be located and designed to be architecturally compatible with the
principal structure, use and neighborhood.
Architectural compatibility shall be accomplished by integrating the
exterior design elements and finishes of the principal structure, use and
neighborhood into the residential accessory structure. Architectural
features may include:
• roof pitch (minimum 4:12 required), soffits, gables, dormers,
• fenestration (placement of windows/doors);
• exterior finish colors and textures consistent with or complementary
to the principal structure;
• decorative exterior finishes, siding, wainscot and veneers (brick,
stone, stucco, EFIS, etc.),
• decorative lighting, and
• landscaping.
2. Except as allowed by Section 12-6-5 C for Farm Animals/Livestock,
exterior roof and wall finishes of galvanized or unfinished metal panels
are not allowed on residential accessory structures.
3. Where a determination of architectural compatibility cannot be made by
the Building Official or Zoning Administrator, the determination must be
made in accordance with Title 9, Section 9-1-4.
12-6-5: LOCATION AND SETBACK REQUIREMENTS:
A. Setbacks:
1. Front Yard Setbacks:
a. In all districts accessory structures shall not be located nearer the front
lot line than the principal structure; except on residential lots with a lot
area of one (1) acre or more, the minimum front yard setback is sixty
feet (60').
b. In all districts, front yard setbacks for accessory structures are the
same as for principal structures (See Section 12-3-5); except as
specified below:
i. Accessory structures located on a corner lot adjacent to a lot that
fronts on a cul-de-sac, shall be setback at least as far as the
principal structure on the adjacent cul-de-sac lot.
ii. Where less than the minimum right-of-way required by City Code
Section 11-3-3 exists, accessory structure setbacks shall be
measured assuming the right-of-way width required by City Code
11-3-3.
iii. Accessory structures located in a yard adjacent to a county road
shall have a minimum setback of fifty (50) feet from the property
line; except in the R-4 district, where the minimum setback shall be
forty (40) feet.
iv. For lots abutting county roads or arterial streets, where less than
120 feet of right-of-way exists, the setback for accessory structures
shall be measured assuming a sixty -foot (60') right-of-way on each
side of the existing right-of-way centerline.
2. Side Yard and Rear Yard Setbacks
a. Residential Districts: In all residential districts, accessory structures
shall be setback at least five (5) feet from side and rear lot lines.
b. Business and Industrial Districts: In business and industrial districts,
accessory structures shall be setback at least ten feet (10') from side
and rear lot lines, subject to provisions for the abutting residential zone
provided herein.
B. Drainage and Utility Easements: Accessory structures and structures shall
not be constructed or placed in a drainage or utility easement.
C. Farm Animals/Livestock: No enclosed accessory structure (barn or shed) in
which farm animals, pleasure/recreational animals or poultry are kept may be
located within one hundred (100) feet of a residential dwelling. No stationary
or moveable open animal shelter may be located within fifty (50) feet of an
adjacent residential lot unless the owner of the adjacent lot is the same party.
The City Council may order the owner of any farm animals to apply for and
obtain a Conditional Use Permit if it is deemed to be in the interest of the
public health, safety, or general welfare.
12-6-6: TEMPORARY STRUCTURES: Temporary structures shall be
allowed by either administrative approval or by Interim Use Permit as otherwise
provided by this title.
A. Administrative Approval: Temporary structures allowed by administrative
review and approval by the city administrator include construction trailers,
shipping and storage containers and tents. Temporary structures allowed
by administrative approval, other than construction trailers, shall be limited
to six (6) months in duration. The City Council may extend the six (6) month
time limit, if special circumstances exist.
Construction Trailers -- Construction trailers shall be allowed
administratively through the commercial site plan review process and
building permits. No trailers shall be allowed to be used as temporary
sales offices.
2. Tents -- Tents for private parties and promotional sales events shall be
allowed up to ten (10) calendar days per year. A tent permit must be
applied for by the property owner or their agent. The Fire Department
will review and approve or deny the application based on conformance
with the Minnesota State Fire Code.
3. Shipping and Storage Containers -- In all zoning districts, moveable
shipping and storage containers shall only be allowed subject to the
following limitations:
Containers, with or without contents, must not be on a lot for more
than thirty (30) continuous days.
ii. In no case may a moveable container be used as a permanent or
temporary structure or accessory structure.
iii. Containers must be placed at least fifteen (15) feet back of curb or
pavement edge, only within the allowed driveway and shall not
interfere with traffic sight lines.
4. Permits And Fees --- No permit fees are required for construction
trailers. Permit fees for tents shall be set as stated in Subsection 1-7-
3A of this code.
B. Interim Use Permit: Temporary structures allowed by Interim Use Permit
shall be reviewed subject to the following regulations:
There shall be a time limit established for temporary structures to remain
on a site as a part of the Interim Use Permit review during the
construction process.
2. Prior to issuance of a temporary structure permit, a site plan review must
also be approved.
3. Security measures such as lighting and including connections to the
main structure shall be reviewed as a part of the Interim Use Permit.
4. Parking shall be subject to the provisions of this title.
5. Signage shall be subject to the provisions of this title.
6. The Interim Use Permit will address the date the temporary structure
shall be removed from the property. The applicant will provide a written
long-term plan for its removal.
7. Temporary structures shall follow the required structure setbacks. The
temporary structure is to be located to the side or rear of the site and will
be reviewed as a part of the Interim Use Permit.
8. All applicable requirements of and the Minnesota State Building Code
and Minnesota State Fire Code shall be met.
9. Provisions for water and sewer servicing a temporary structure shall be
subject to the review and approval of the building official.
10. Upon sale or transfer of ownership of the property, the Interim Use
Permit shall be brought up for renewal or the temporary structure shall
be removed. (Chapter repealed Ordinance 483, 7/17/18)
CHAPTER 7
FENCES AND WALLS
SECTION:
12-7-1:
Permitted Use
12-7-2:
Locations
12-7-3:
Fence Height
12-7-4:
Performance Standards
12-7-5:
Barbed Wire and Electric Fences
12-7-6:
Exemptions From Provisions
12-7-1: PERMITTED USE:
Fences, walls, hedges and similar barriers (herein referred to as fences) shall be
permitted in all yards subject to the provisions of this chapter. A permit is
required for the construction of all fences or walls that are located on, in, or near
any property line, drainage and utility easement, or wetland in the City of
Andover. A permit application shall be submitted for review by the Engineering
Department and an application fee shall be paid as outlined in Chapter 1-7-3 of
this code prior to the issuance of any permit. (Amend. 12/6/05, Ord. 317)
12-7-2: LOCATION:
A. Fences shall be located entirely on the private property of the individual
constructing the fence. Fences may be placed up to the property line. It is
the responsibility of the property owner to determine the location of property
lines. Fences may be located in any private yard or along a side or rear
property line, except as follows:
1. No fence shall be placed in the public right-of-way.
2. Fences shall not be placed in underground utility easements. Fences
may be placed in other utility easements if they do not interfere with
existing utilities. The existence and location of private utility easements
and equipment must be determined by contacting Gopher State One
Call. (Amended 4/19/11, Ord. 405)
Fences shall not be constructed or placed in drainage areas, ponds, or
wetlands. Fences shall not be placed in easements that provide vehicle
access for the maintenance of drainage, ponding, or wetland areas.
(Amended 4/19/11, Ord. 405)
4. For fence placements on 2.5 acres and larger lots, the City may permit
non-restrictive fencing in drainage, wetland or ponding areas as long as
they do not restrict the flow of water. Access to ponds, wetlands and
other such areas may be required by the City for maintenance purposes.
(Amended 4/19/11, Ord. 405)
5. Fences in any area shall not enclose, hinder or restrict access to utility
boxes, fire hydrants or other above ground utilities. (Amended 4/19/11,
Ord. 405; Amended 7/21/20, Ord. 510)
6. Fences on corner lots shall not encroach upon the Sight Triangle as
defined in Section 12-2-2 of this code. (Amended 7/21/20, Ord. 510)
B. Any fence placed in violation of this section shall be the liability of the
property owner who constructed it. The City, or any other agency having
authority to work in a right-of-way or easement area, shall not be liable for
repair or replacement of such fences in the event they are moved,
damaged, or destroyed by virtue of the lawful use of that area. Any damage
caused by the illegal placement of a fence shall be the responsibility of the
property owner who constructed it.
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. Except as follows:
1. 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 Sight Triangle as defined in Section 12-2-2 of this code.
(Amended Ord. 386, 8/5/09; Amended Ord. 468, 6-6-17; Amended
7/21/20, Ord. 510)
2. On properties located in the I: Industrial zoning district and located
outside of the Metropolitan Urban Service Area (MUSA) boundary, the
City may approve a fence in the front yard of up to six (6) feet in height
through the Commercial Site Plan (CSP) process, provided that:
A. The fence is to provide screening for an approved use of the
property.
B. Landscaping as approved through the Commercial Site Plan
shall be utilized to break up the mass of the fence line.
(Amended 7/21/20, Ord. 510)
12-7-4: PERFORMANCE STANDARDS:
A. Construction and Materials: Every fence shall be constructed in a
workmanlike manner. For all fences constructed after the adoption of this
title, all posts, supports, and framework shall be placed on the inside of the
fence, with the finished side facing the abutting property or street. Fences
in all districts shall be constructed of materials widely accepted in the
fencing industry. No plywood boards, canvas, plastic sheeting or metal
sheeting shall be used for any fence construction. No fence may have
boards, planks, or panels larger than twelve (12) inches in width.
Chain-link fences shall be constructed in such a manner that the barbed
end is at the bottom of the fence.
Silt fences shall only be allowed on construction sites or where deemed
necessary to prevent soil erosion.
Snow fences shall only be allowed between November 15t and April 15th
B. Maintenance: All fences shall be maintained in good condition and vertical
position. Any missing, broken, incomplete, or deteriorated sections of
fencing material or structural elements shall be replaced with the same
quality of material and workmanship.
All exterior wood surfaces, other than decay resistant woods, shall be
protected from the elements and decay by a protective covering or
treatment. If twenty-five percent (25%) of the surface is peeling, cracked,
chipped, blistered, or weathered beyond effectiveness, the exterior surface
shall be refinished. The entire surface shall be uniformly treated and
maintained with the same quality of workmanship. (Amend. 12/6/05, Ord.
317)
Any fence not in conformance with this subsection shall be declared a
nuisance and repaired so as to be in conformance or removed by the
property owner.
12-7-5: BARBED WIRE AND ELECTRIC FENCES:
A. A security arm for barbed wire to a maximum of eight (8) feet may be
permitted by Conditional Use Permit in industrial or business districts, or in
any district when used exclusively for enclosing utility and substation sites.
(Amended 7/21/20, Ord. 510)
B. Barbed wire and electrical fences may be permitted on residential lots of
two and one half (2.5) acres or greater and shall be exclusively for the use
of containing farm animals, or pleasure/recreational animals, as defined in
City Code. (Amended 7/21/20, Ord. 510)
12-7-6: EXEMPTIONS FROM PROVISIONS:
Fences that are for the sole purpose of containing farm animals are not subject to
the provision of this title. (Ord. 8PPPPPP, 8-20-2002; amd. 2003 Code; amd. Ord.
314,10-4-2005)
CHAPTER 8
SIGNS
SECTION:
12-8-1:
Purpose
12-8-2:
Scope
12-8-3:
Permit Required
12-8-4:
Exemptions
12-8-5:
Signs Prohibited in All Districts
12-8-6:
Real Estate Signs
12-8-7:
Performance Standards
12-8-8:
Permitted Signs and Standards by Zoning District
12-8-9:
Signs Allowed by Conditional Use Permit
12-8-10:
Temporary and Promotional Signs
12-8-11:
Inspections
12-8-1: PURPOSE: The purpose of this section is to allow effective
signage appropriate to the planned character of each zoning district and to
provide minimum standards for the safeguard of life, health, safety, property and
public welfare by regulating and controlling the design, quality of materials,
construction, type, size, location, and maintenance of all signs and sign
structures not located within a building.
12-8-2: SCOPE: The sign regulations set forth in this chapter shall apply to
all structures and all land uses, except as otherwise provided in this chapter. All
signs allowed by this chapter shall be limited to on -premises signs, except where
otherwise specifically noted.
12-8-3: PERMIT REQUIRED: A permit is required for the installation of any
sign in the City except for those exempted in section 12-1-5-8-4. A permit
application shall be submitted and a fee established by the City Council shall be
paid before a permit is issued. There shall be no fee for governmental units or
nonprofit organizations.
12-8-4: EXEMPTIONS: The following signs shall be allowed without a sign
permit, provided the sign conforms to City Code 12-1-6-8-5 and the requirements
for each type of sign shown below (Amended 4/19/11, Ord. 406):
A. Election Signs: Election signs are permitted on any private property.
Such signs may be displayed from 90 days prior until ten (10) days after
any election. (Amended 4/19/11, Ord. 406)
B. Governmental Signs: Any sign that is erected by a governmental unit
or public utility for the purpose of public information, warning or directing
traffic. (Amended 4/19/11, Ord. 406)
C. Private Traffic Circulation Signs: Private traffic circulation signs in
parking lots, and pedestrian circulation signs, and traffic warning signs in
alleys or other hazardous situations are permitted, provided the sign
conforms to the Minnesota Manual of Uniform Traffic Control Devices
(MMUTCD), as amended. (Amended 4/19/11, Ord. 406)
D. Normal sign alteration and maintenance shall not require a sign permit,
including:
1. The changing of the copy or message on a reader board sign, or
changing a message on theater marquees.
2. Maintenance, painting, repainting or cleaning of a sign unless a
structural change is made.
12-8-5: SIGNS PROHIBITED IN ALL DISTRICTS: The following signs
shall not be erected within the city:
A. Any sign that, by reason of position, shape, movement or color, interferes
with the proper functioning of a traffic sign or signal or which constitutes a
traffic hazard.
A. There shall be no flashing or revolving sign in the front setback area within
one hundred twenty-five feet (125') of a street intersection (as measured
from intersecting right of way lines) or within one hundred twenty-five feet
(125') of a residential district, except where such sign in no way
constitutes a traffic hazard.
C. Signs painted directly on a stone, the outside wall of a building or fence
and any sign affixed to a tree, or utility pole. (Amended 4/19/11, Ord. 406)
D. Roof signs, roof advertising symbols, roof logos, roof statues, or roof
sculptures. No sign shall extend above the roofline.
E. Signs within the public right of way or easements, except as authorized by
the governing body.
F. Audible signs.
G. Billboard signs.
H. Signs displayed on parked semi -trailers used primarily for advertising
purposes.
I. Any sign which contains information, whether written or graphic, that is
obscene in nature.
J. All signs not expressly permitted or exempted under this chapter.
12-8-6: REAL ESTATE SIGNS: Signs advertising the availability of
property for sale, lease, or rent shall be allowed in all districts, subject to the
following provisions:
A. All real estate signs shall be subject to the provisions of this chapter,
except herein provided.
B. All signs shall be removed within seven (7) days after the completion of
the advertised sale or lease.
C. Signs advertising new residential or commercial developments are
permitted, provided that:
1. Such signs do not exceed thirty-two (32) square feet in size.
2. There shall be no more than one such sign per street frontage of the
development.
D. Signs offering individual properties, either land and/or buildings, for sale,
lease or rent shall be limited to six square feet in size. One such sign shall
be permitted per lot. A sign permit is not required for the placement of these
signs.
12-8-7: PERFORMANCE STANDARDS:
A. Construction Requirements: All signs shall be in compliance with
applicable provisions of the Andover Building Code. Every person
engaged in the business of erecting signs in the city is required to have a
valid contractor's license issued by the Building Department.
B. Maintenance And Repair: All signs shall be maintained so as not to bs
unsightly or create hazards to the public health, safety, or general welfare.
All signs, together with their supports, braces, guys and anchors, shall be
kept in good repair and in a proper state of preservation. The display
surfaces of all signs shall be kept neatly painted or posted at all times.
The City may order the removal of any sign that is not properly
maintained.
C. Obsolete Signs: Any sign that no longer advertises or identifies a bona
fide business conducted or product sold on the premises shall be removed
by the property owner within thirty (30) days after written notification from
the Zoning Administrator. Support posts and frames that no longer
contain signage must be removed by the property owner within six (6)
months after written notification from the Zoning Administrator.
D. Size and Placement Standards:
1. Illuminated signs located within fifty feet (50') of a residential district lot
line shall be diffused or indirect so as not to reflect direct light into
adjacent residences.
2. In all districts, any portion of any sign exceeding four (4) square feet
shall be set back a minimum of ten feet (10') from any street right of
way line and five feet (5') from any residentially zoned property line.
3. Projection: Signs may project a maximum 2 feet into a required
building setback area.
4. Automobile service stations may erect one pylon or pedestal sign not
to exceed twenty-five feet (25') in height in a setback area, provided no
part of any such sign shall be closer to the side lot lines than the
required side yard setback, nor within five feet (5') of the rear lot line or
any street right of way.
5. Multi -faced signs shall be permitted, with the maximum square footage
on each side. Multi -faced signs shall not exceed two (2) times the area
of single faced signs.
6. All corner and double frontage lots shall be considered as having two
(2) front lot lines for application of regulations pertaining to signs.
E. Area Identification Signs: Area identification signs, including off site
signs, shall be permitted in all districts subject to the provisions of this
chapter and with the following conditions:
1. The sign shall not be separated from the area or project it identifies by
an arterial roadway.
2. The sign shall be within 500 feet of the project it is identifying.
3. The sign shall not be included in the total signage permitted for the
property on which it is located.
4. The owner of the property where the sign is to be placed shall give
written permission for the sign to be placed on their property.
All area identification signs shall be identified on the plat or
commercial site plan.
F. Ball Field and Scoreboard Advertising Signs: Ball field advertising and
scoreboard advertising signs shall be permitted in all districts subject to
the provisions of this chapter and with the following conditions:
Ball field advertising signs shall not be visible from adjacent residential
properties when viewed at ground level.
2. Ball field advertising signs in City parks shall be subject to the City of
Andover Park Advertising Policy.
3. Scoreboard advertising signs shall be placed in such a way so as to
minimize to the greatest possible extent the exposure to adjacent
residential properties.
4. Ball field and scoreboard advertising signs shall not be illuminated
when not in use for ball games.
12-8-8: PERMITTED SIGNS AND STANDARDS BY ZONING DISTRICTS:
Signs shall be permitted by zoning district in accordance with the following
standards:
A. Residential Districts:
1. Type: Area identification, ball field advertising, institutional, residential
identification, scoreboard advertising, temporary, any sign exempted in
section 12-8-4.
a. Portable, trailer based temporary signs shall be permitted for
governmental or institutional uses only.
2. Style: Combination, freestanding, wall.
3. Number: One per lot frontage.
4. Height: Not over ten feet (10') above grade except as otherwise
provided herein.
5. Illumination: Indirect or diffused lighting of signs is permitted.
6. Size:
a. Residential identification and temporary, as follows:
Parcels Land Size
Maximum Square Feet Per Dwelling
On parcels less than 5
4
acres
On parcels of 5 acres
16*
but less than 20
On parcels of 20
20*
acres or greater
*Signs greater than four (4) square feet on parcels of land five (5)
acres or more in size shall only identify agricultural related uses.
b. Institutional Signs: Institutional signs up to thirty-two (32)
square feet shall be permitted. Sixty-four (64) square feet of
signage is permitted for multiple frontage lots.
c. Area Identification Signs: One freestanding sign shall be
allowed at each street entrance to a subdivision provided:
(1) The area for development is larger than five (5)
acres;
(2) All signs shall be identified on the preliminary plat.
(3) The maximum square footage of the sign is thirty-
two (32) square feet.
(4) The sign is located ten feet (10') from any
property line.
B. Shopping Center (SC) and Neighborhood Business (NB) Districts:
1. Type: Area identification, ball field advertising, business identification,
institutional, scoreboard advertising, temporary, any sign exempted in
section 12-8-4.
2. Style: Combination, flashing, freestanding, illuminated, wall.
3. Size:
a. The aggregate square footage of sign space per lot shall not exceed
the sum of three (3) square feet per front foot of building.
b. No single sign shall exceed one hundred (100) square feet except
area identification signs, which shall not exceed three hundred (300)
square feet.
4. Height: No taller than the highest outside wall or parapet or twenty-five
feet (25'), whichever is less.
C. General Business (GB) Districts:
1. Type: Area identification, ball field advertising, business identification,
institutional, scoreboard advertising, temporary, any sign exempted in
section 12-8-4.
2. Style: Combination, flashing, freestanding, illuminated, wall.
3. Size:
a. The aggregate square footage of sign space per lot shall not
exceed the sum of four (4) square feet per front foot of building.
b. No sign shall exceed two hundred fifty (250) square feet, except
area identification signs, which shall not exceed three hundred
(300) square feet.
4. Height: No sign shall be more than twenty-five feet (25') above grade.
D. Industrial (1) Districts:
1. Type: Area identification, ball field advertising, business identification,
scoreboard advertising, temporary, any sign exempted in section 12-14-4.
2. Style: Combination, flashing, freestanding, illuminated, wall.
3. Size:
a. The aggregate square footage of sign space per lot shall not
exceed the sum of four (4) square feet per front foot of building.
b. No sign shall exceed three hundred (300) square feet.
4. Height: No sign shall be more than twenty-five feet (25') above grade.
12-8-9: SIGNS ALLOWED BY CONDITIONAL USE PERMIT:
A. Permitted Signs: The following signs shall be allowed by conditional use
permit:
1. Marquees of any type, with or without signs.
2. Signs on benches (not in city parks), newsstands, cabstand signs, bus
stop shelters and similar places.
3. Real estate signs over thirty-two (32) square feet per lot frontage and
exceeding other sign area limits in business and industrial areas.
4. Institutional signs in residential districts with an aggregate square
footage exceeding thirty-two (32) square feet and/or more than one sign
per lot frontage, provided:
a. The sign is located ten feet (10') from any property line
b. The aggregate square footage of sign space shall not exceed
one hundred (100) square feet.
c. The sign shall be of the following styles: combination,
freestanding, or wall.
d. The sign shall be located at least one hundred thirty feet (130')
from any residential structure.
12-8-10: TEMPORARY AND PROMOTIONAL SIGNS: The following signs
are permitted, subject to the provisions of this chapter:
A. Temporary Signs: Temporary signs shall be permitted in any district in any
yard area except, that:
1. Such sign shall not be within ten feet (10') of any street right -of- way or
within five feet (5') of any other lot line.
2. There shall be no more than one (1) such sign per business.
3. The total area of such signs shall not exceed thirty-two (32) square feet.
Non -institutional signs in residential districts shall be limited in size as
outlined in section 12-8-8-A-6 of this code.
4. A maximum of 60 days of temporary signage is permitted per business
per year. (Amended 4/21 /11, Ord. 406)
B. Promotional Signs: The City Administrator or designee may approve signs or
other devices that do not comply with the standards of this title when they are
found to be in conformance with public health, safety, and welfare. Such signs or
devices may be used to attract attention, special promotional events (grand
openings, carnivals, craft shows, flea markets and other similar events). Such
events shall not exceed ten (10) calendar days per year. Examples of the
signage and devices that may be approved in this manner are spotlights, sky
trackers, balloons, and similar devices. Such signage shall not be counted
against the permitted 60 days of temporary signage. (Amended Ord. 8, 10-21-
1970; amd. 2003 Code)
C. Temporary Real Estate Signs- The City Administrator or designee may
approve temporary, off-site real estate signs.
12-8-11: INSPECTIONS: Upon proper presentation of credentials, the
Building Official or his duly authorized representatives may enter at reasonable
times any building, land or structure in the city to inspect or re -inspect any signs.
(Amended Ord. 8,10-21-1970)
CHAPTER 9
HOME OCCUPATIONS
SECTION:
12-9-1:
Purpose
12-9-2:
Application
12-9-3:
General Performance Standards
12-9-4:
Permitted Home Occupations, Location Restrictions
12-9-5:
Home Occupations in Accessory Structures
12-9-6:
Prohibited Home Occupations
12-9-7:
Requirements for Specific Home Occupations
12-9-8:
Nonconforming Home Occupations
12-9-9:
Inspections
12-9-10:
Illegal Home Occupations; Penalty
12-9-1: PURPOSE: The purpose of this chapter is to prevent competition
with business districts and to provide a means, through establishment of specific
standards and procedures, by which home occupations can be conducted in
residential neighborhoods without jeopardizing the health, safety and general
welfare of the surrounding neighborhood.
12-9-2: APPLICATION: Subject to the nonconforming structure and use
provisions of this chapter, all home occupations conducted on a property within a
residential zoning district shall comply with the provisions of this chapter and all
other applicable requirements established by the Andover City Code.
12-9-3: GENERAL PERFORMANCE STANDARDS: General performance
standards for all home occupations shall be as follows:
A. The home occupation must be clearly incidental and secondary to the
residential use of the premises, shall not change the residential character
thereof, and shall not result in incompatibility or disturbance to the
surrounding residential uses.
B. No home occupation shall require external alterations or involve
construction of features not customarily found in dwellings except where
required to comply with state fire and building codes.
C. No in-person retail sales shall be permitted on the premises, except those
clearly incidental to the services being provided in the dwelling.
D. Only members of the family occupying the dwelling unit and one employee
may conduct the home occupation.
E. All signs associated with the home occupation must meet the
requirements of this Title.
F. No outside storage or display is permitted unless otherwise allowed by this
Chapter.
G. All vehicles associated with a home occupation must meet all
requirements established by the Andover City Code.
H. No home occupation shall produce light glare, noise, odor or vibration that
will in any way have an objectionable effect upon adjacent properties.
The home occupation shall meet all applicable state fire and building
codes and all other requirements established by the Andover City Code.
J. The area within the principal structure used by the home occupation shall
not exceed twenty percent (20%) of the dwelling's livable floor area.
Basements may be included if they meet all state building code
requirements.
K. There shall be no increase in sewer, water, gas, electricity, or garbage
usage in excess of what is normal in a residential neighborhood such that
the neighborhood nor the City are adversely affected.
L. All licenses or permits required to conduct the home occupation shall be
obtained.
M. All home occupations shall be conducted at the sole risk of the dwelling
occupants and with the written permission of the property owner. The City
shall not be responsible or liable to the dwelling owner, occupants or any
third party as a result of the home occupation, and the occupants
conducting the home occupation shall indemnify and hold the City
harmless from all claims and causes of action associated with the home
occupation.
12-9-4: PERMITTED HOME OCCUPATIONS, LOCATION
RESTRICTIONS: All home occupations that conform to all of the following
provisions may be conducted entirely within the principal structure as a permitted
accessory use. Home occupations shall not be conducted in an attached garage
or accessory structure unless the property owner has obtained an Interim Use
Permit as stated in Section 12-9-5 of this chapter or has obtained a Special
Home Occupation Permit as stated in Section 12-9-8 of this chapter.
A. Permitted Home Occupations Enumerated: Permitted home occupations
include, and are limited to:
Artists, authors, composers, photographers, sculptors.
2. Home crafts such as model making, rug weaving, woodworking,
and similar activities, provided that no machinery or equipment is
used or employed other than that which would customarily be found
in the home, including machinery or equipment that would ordinarily
be employed in connection with a hobby or a vocation not
conducted for gain or profit.
3. Dressmakers, seamstresses and tailors.
4. Work at home activities where employees of a business, located at
another location, perform work for the business in their own
residence, provided all physical contact between the business and
the employee occurs at the place of business and not the
residence, other than the initial installation of any equipment or
other work facility. The work activities of the employee shall
conform with all other requirements of this chapter.
Repair services (not including repair of vehicles or machinery).
Teaching services limited to three (3) students at any one time.
Home offices for accountants, architects, engineers, lawyers,
realtors, insurance agents, brokers, clergy, consultants,
contractors, land surveyors, musicians, salesman, sales
representatives, manufacturer's representatives, travel agents,
home builders and home repair contractors.
8. Mail order that does not include retail sales from the site.
9. Telephone answering.
10. Food preparation for sale, when registered with the department of
agriculture under the cottage food exemption in M.S.A. § 28A.152
11. Gunsmithing provided the property owner holds a federal firearms
license and that in-person retail sales of firearms are not conducted
from the premises.
12. Other home occupations that fully comply with all other
requirements of this Chapter.
12-9-5: HOME OCCUPATIONS IN ACCESSORY STRUCTURES: An
Interim Use Permit shall be required for permitted home occupations that are
conducted in an accessory structure or attached garage and/or require exterior
storage.
A. Application Requirements: Prior to the issuance of an Interim use Permit
for a home occupation, an application must be submitted on forms
prescribed by the City with contains the following information:
The owner of the property and the person who will be conducting
the home occupation.
2. The street address of the dwelling.
3. The type of home occupation.
4. The type of equipment that will be used.
5. The days and hours which the home occupation will be conducted.
6. A description of any motor vehicles which will be used in
connection with the home occupation as well as the anticipated
number of weekly deliveries to the property.
7. A plan or drawing of the dwelling which shows clearly and in
reasonable detail the portion of the dwelling, which is to be used for
the home occupation, the number of square feet of living area
contained within the dwelling, and the number of square feet to be
used for the home occupation.
B. Review Criteria: Interim Use Permits granted under this section shall be
subject to the following conditions:
Lot Size: The size of the lot or parcel of land shall be three (3)
acres or larger.
2. Area of Use: The combined square footage of the accessory
structure and/or outside storage area utilized by the home
occupation shall not exceed eight hundred (800) square feet.
3. Setbacks: If the home occupation is conducted in an accessory
structure, the setbacks of the accessory building and outside
storage area shall be a magnitude found necessary by the City, but
in no case shall there be less than a one -hundred -foot (100') front
yard setback, thirty-foot (30') side yard setback and fifty -foot (50')
rear yard setback. If the home occupation is conducted within an
attached garage, in no case shall there be less than the minimum
building setbacks for the property's respective zoning district.
4. Storage Restrictions: The outside storage area and all commercial
vehicles, materials, and equipment for the home occupation being
stored on site shall be fenced, landscaped and/or screened in such
a manner as to prevent them from being visible at any time of the
year from the public right-of-way or adjacent properties. For the
purposes of this section, a commercial vehicle shall be considered
any vehicle which 1) exceeds 12,000 pounds gross vehicle weight;
2) the height of the vehicle exceeds nine (9) feet; or 3) the carrying
load area exceeds the height of the operating area.
5. Permitted Use: The home occupation for which an Interim Use
Permit is granted must be a permitted home occupation as
specified by Section 12-9-4 of this Chapter.
Non -transferability of Permit: These permits shall not run with the
land and shall not be transferrable. Upon sale or change in title for
the premises for which an Interim Use Permit was granted such
permit shall automatically terminate.
Inspections: The City reserves the right, upon approval of any
home occupation Interim Use Permit, to inspect the premises in
which an occupation is being conducted to ensure compliance with
the conditions listed in the Interim Use Permit or any other
requirements set forth by the Andover City Code or Minnesota
State Statute.
C. Amendments: The applicant may seek an amendment to the Interim Use
Permit in order to change the conditions set forth in the home occupation
Interim Use Permit.
D. Revocation: An Interim Use Permit for a home occupation may be revoked
if the property owner is found to be in violation of the conditions listed in
the Interim Use Permit or is in violation of any other requirements set forth
by the Andover City Code or Minnesota State Statute.
12-9-6: PROHIBITED HOME OCCUPATIONS: The following uses and
similar type uses shall not be permitted as a home occupation in any residential
district:
A. Antique shops, boutiques, dress shops and gift shops.
B. Restaurants, coffee shops, and tearooms.
C. Offices for physicians, dentists, veterinarians, and chiropractors.
D. Auto repair, detailing and painting, including the repair or cleaning of
engines, motor vehicles, motorcycles, heavy equipment and similar type
vehicles and equipment.
E. Dancing schools and studios.
F. Dispatching of transfer and moving vans at the site.
G. Palm reading or fortune telling.
H. Preparation of food for sale, unless specifically permitted in this Chapter.
Radio, television, and appliance repair shops.
Shops and storage yards for contractors and tradesman, such as
electricians, plumbers and carpenters.
K. Tattoo businesses.
L. Tanning salons.
M. Trash hauler operations other than a home office.
N. Any home occupation which does not substantially comply with the
standards set forth in this Chapter.
12-9-7: REQUIREMENTS FOR SPECIFIC HOME OCCUPATIONS:
A. In Home Beauty Salons and Barbershops: All in home beauty salons and
barbershops shall require an Interim Use Permit and are subject to the
following:
Compliance with Requirements: In home beauty salons and
barbershops must meet all applicable requirements established by
the Andover City Code, Minnesota State Statute, the State
Cosmetology Board and the State Barbers Board including
obtaining all licenses and permits that may be required.
2. Drawings Submitted: Drawings detailing the salon/shop shall be
submitted at the time of request for the Interim Use Permit.
3. Number of Stylists/Barbers: The In -Home Beauty Salon or
Barbershop shall be limited to one stylist/barber. The In -Home
Beauty Salon or Barbershop may have no more than three
individual customers or one customer group (i.e. a family or a bridal
party) on the premises at any given time.
4. Hours of Operation: The hours of operation shall be approved by
the City Council.
Parking: All parking related to the home occupation shall be
conducted entirely on the property and shall not utilize the public
right-of-way. Parking related to the home occupation shall not
exceed three vehicles at any given time. Off-street parking shall be
as required by City Code 12-14-8.
6. Non-Sewered Areas: In non-sewered areas, the septic system shall
be in compliance with all applicable requirements established by
the Andover City Code and Minnesota State Rules.
7. Termination of Use Upon Sale of Property: Upon sale of the
premises for which an Interim Use Permit was granted such permit
shall automatically terminate.
B. Farm Wineries: All farm wineries operating as a home occupation shall
require an Interim use Permit and are subject to the following:
Farm wineries shall be located on a property 2.5 acres or larger in
size, and shall be located in a RR, R-1, R-2 or R-3 zoning district.
2. Farm wineries shall follow the minimum building setbacks of its
respective zoning district.
3. Whether conducted in a principal or accessory structure, a farm
winery shall not be operated as a retail store. No retail displays are
permitted.
4. Farm wineries shall be allowed up to six on-site customers per day.
All other sales will need to be made remotely and mailed or shipped
to the buyer.
5. Farm wineries shall be subject to production limits on the amount of
wine produced on-site each year as specified by the City Council.
Farm wineries shall also submit an annual report to the City Clerk
to confirm that the production limit is being observed. Said report
shall be received by the City by the 1 st day of January each year.
6. Farm wineries shall meet all other requirements established by this
Chapter.
Termination of Use Upon Sale of Property: Upon sale of the
premises for which an Interim Use Permit was granted such permit
shall automatically terminate.
12-9-8: NONCONFORMING HOME OCCUPATIONS: Properties that had
nonconforming home occupations prior to the adoption of Ordinance 314 on May
15, 1990 were given the opportunity to apply for a Special Home Occupation
Permit. Those that were granted a permit are on file with the Department of
Community Development and may continue to operate. However, they shall not
increase in extent, number, volume, or scope from any of the information stated
in the permit, or the permit may be subject to revocation.
12-9-9: INSPECTIONS: The City reserves the right, upon reasonable
request and approval of any home occupation, to inspect the premises in which a
home occupation is being conducted to ensure compliance with the provisions of
this chapter or any conditions additionally imposed.
12-9-10: ILLEGAL HOME OCCUPATIONS; PENALTY: All home
occupations that are being operated in violation of this chapter are illegal. Any
person violating any provision of this chapter is guilty of a misdemeanor and
upon conviction shall be subject to the penalties set forth in Minnesota Statutes.
CHAPTER 10
NONCONFORMING USES AND STRUCTURES
SECTION:
12-10-1:
Discontinuance of Use
12-10-2:
Change of Use
12-10-3:
Maintenance and Repairs
12-10-4:
Non -Conforming Lots of Record
12-10-1: DISCONTINUANCE OF USE:
Whenever a lawful nonconforming use of a building or structure or land is
discontinued for a period of more than one year, any future use of said building
or structure or land shall be in conformity with the provisions of this title.
(Amended Ord. 8,10-21-1970)
12-10-2: CHANGE OF USE:
B. When any lawful nonconforming use of any structure or land in any
district has been changed to a conforming use, it shall not thereafter
be changed to any nonconforming use.
C. A nonconforming use shall not be expanded so as to incorporate more
employees, generate increased amounts of product, or otherwise
increase in scale or scope from its inception. (Amended Ord. 314 10-4-
2005)
12-10-3: MAINTENANCE AND REPAIRS:
A. Nothing in this title shall prevent the placing of a structure in a safe
condition when said structure is declared unsafe by the Building
Official.
B. Any nonconformity, including the lawful use or occupation of land or
premises existing at the time of the adoption of an additional control
under this chapter, may be continued, including through repair,
replacement, restoration, maintenance, or improvement, but not
including expansion, unless:
1. The nonconformity or occupancy is discontinued for a period of
more than one year; or
2. Any nonconforming use is destroyed by fire or other peril to the
extent of greater than 50 percent of its estimated market value, as
indicated in the records of the county assessor at the time of damage,
and no building permit has been applied for within 180 days of when
the property is damaged. In this case, the city may impose reasonable
conditions upon a zoning or building permit in order to mitigate any
newly created impact on adjacent property. (Amd. Ord. 378, 3-17-
2009)
12-10-4: NON -CONFORMING LOTS OF RECORD:
B. An un -platted lot or parcel of land for which a deed or contract for deed
has been recorded in the office of the County Recorder upon, or prior to,
October 21, 1970 shall be deemed a buildable lot, provided:
1. It has frontage on a public street right-of-way which has been accepted
and is currently maintained by the City;
2. The area, width and depth are within sixty percent (60%) of the
requirements of this title.
3. Non -conforming lots may be utilized for single-family detached
purposes, but said lot or parcel shall not be more intensely developed.
B. If any plat, for which preliminary approval has been granted by the City
Council on or before October 21, 1970, was finally approved and filed on
or before October 21, 1971, lots contained therein shall be deemed
buildable lots, and the provisions of this section shall not apply. (Amd Ord.
314 10-4-2005)
CHAPTER 11
RESIDENTIAL PERMITTED, PERMITTED ACCESSORY, CONDITIONAL, INTERIM AND
PROHIBITED USES
P —
Permitted Use
R-1 Single Family Rural
M -I Multiple Dwelling Medium Density
PA
— Permitted Accessory Use
R-2 Single Family Estate
M-2 Multiple Dwelling High Low
Density
C —
Conditional Use'
R-3 Single Family Suburb
M-3 Multiple Dwelling High Density
I —
Interim Use
R4 Single Family Urbana
PUD — Planned Unit Development
R-5 Single Family Medium Low
Density
X —
Prohibited Use
RR Single Family Rural Reserve
If Use Not Specifically Listed or Provided for Elsewhere in the City Code,It Is Prohibited
Uses
Zo ing Districts
ANIMALS
RR
R-1
R-2
R-3
R4
R-5
M-1
M-2
M-3
Animal Therapy Facility -on properties larger
than five acres in size
C
C
C
C
X
X
X
X
X
Commercial animal training (2.5 -acre
minimum residential lot size
C
C
C
C
X
X
X
X
X
Commercial riding stables
C
C
X
X
X
X
X
X
X
Dog kennel license - Private (2.5 -acre
minimum lot size required) in compliance with
C
C
C
C
C
C
C
C
C
City Code 5 -IA
Dog kennel license - Commercial (minimum
2.5 -acre lot size) in compliance with City Code
C
C
C
C
C
X
X
X
X
54A
Domestic animals in compliance with City
Code Title 5
PA
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
P
P
P
P
X
X
X
X
X
to a maximum of 20 animals^ and definition
under City Code 12-2
Farm animals greater than allowed as a
permitted use on residential properties 5 acres or
greater in compliance with City Code Title 54
C
C
C
C
X
X
X
X
X
and definition under City Code 12-2
Feedlots, except Anoka Independent Grain and
Feed Inc. which is a permitted use that predates
X
X
X
X
X
X
X
X
X
the adoption of this ordinance.
Pleasure/recreation animals on residential
properties at least 2.5 acres in size in
compliance with City Code Title 5 and
PA
PA
PA
PA
PA
X
X
X
X
definition under City Code 12-2
Poultry on residential properties with neither
municipal sewer or water in compliance with
City Code Title 5 and definition under City
P
P
P
P
X
X
X
X
X
Code 12-2
Roosters on residential properties 5 acres or
greater in size with neither municipal sewer
or water in compliance with City Code Title
P
P
p
p
X
X
X
X
X
5 and definition under City Code 12-12
DWELLINGS
RR
R-1
R-2
R-3
R-4
R-5
M-1
M-2
M-3
Accessory Dwellingit AD
C
C
X
X
X
X
X
X
X
Manufactured homes and modular homes
located in manufactured home arks.
X
X
X
X
X
X
PUD
PUD
PUD
Multiple dwellings
X
X
X I
X
X
X
PUD
PUD
PUD
Relocated dwelling units in compliance with
City Code 9-11
C
C
C
C
C
C
C
C
C
Single-family residential buildings detached
P
P
P
P
P
PUD
PUD
PUD
PUD
Single-family residential buildings (attached)
and townhouses
X
X
X
X
X
X
PUD
PUD
PUD
Temporary Family Health Care Facility
X
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
C
HOME OCCUPATIONS
RR
R-1
R-2
R-3
R-4
R-5
M-1
M-2
M-3
Home occupations within principal structure in
PA
PA
PA
PA
PA
PA
PA
PA
PA
compliance with Ci Code 12-9
Home occupations in accessory structure on a
parcel of land three (3) acres or larger utilizing
an accessory structure and/or exterior storage in
I
I
I
I
I
I
I
I
I
compliance with City Code 12-9
Barbershops and beauty salons
I
I
I
I
I
I
I
I
I
Bed and breakfast
I
I
I
I
I
X
X
X
X
Boarders or roomers, up to two persons, by a
resident family, with no private cooking
PA
PA
PA
PA
PA
PA
PA
PA
PA
facilities
Cabinet making/wood working (home
occupation) in compliance with Ci Code 12-9
I
I
X
X
X
X
X
X
X
Commercial greenhouse
I
I
I
I
X
X
X
X
X
Daycare Centers- Home Occupation (12 or
fewer children
P
P
P
P
P
P
P
P
P
Daycare Centers -Home Occupation (13 or more
children
P
P
P
P
P
P
P
P
P
Daycare Facility -Group Family
P
P
P
P
P
P
P
P
P
Farm Wineries subject to City Code 12-9-12
I
I
I
I
X
X
X
X
X
Group Homes as regulated by State Statute
P
P
P
P
P
P
P
P
P
Office in compliance with City Code 12-9
PA
PA
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,
I
I
I
I
I
I
I
I
I
chapter 6
SCHOOLS I
RR
R-1
I R-2
R-3
R-4
R-5
M-1
M-2
M-3
K-12 Schools
P
P
P
P
P
P
X
X
X
Post -secondary Schools
C
C
C
C
C
C
X
X
X
Schools exceeding height maximum up to 45
feet in height
C
C
C
C
C
C
X
X
X
Subordinate Classroom Structures (when
located on a licensed Primary and/or Secondary
I
I
I
I
I
I
I
I
[
school property)
Subordinate Classroom Structures (when
located on a property where there is a religious
I
I
I
I
I
I
I
I
I
institution as the principal use
UTH,ITIES
RR
R-1
R-2
R-3
R-4
R-5
M-1
M-2
M-3
Private utilities (gas, electric, phone, cable, etc.)
in Compliance with City Code 8-2
P
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
C
Public utility uses for local services
P
P
P
P
P
P
P
P
P
OTHER
RR
R-1
R-2
R-3
R-4
R-5
M-1
M-2
M-3
Agricultural uses- rural (outside MUSA
bound only)
P
P
P
P
X
X
X
X
X
Ajzdcultural uses- urban
P
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
C
Buildings (Principal) exceeding height
maximum subject to Ci Code 12-3-5
C
C
C
C
C
C
C
C
C
Bulk fuel storage (tanks greater than 1,000 -
gallon storage capacity) in compliance with
C
C
X
X
X
X
X
X
X
City Code 12-8-5
Campgrounds, gun clubs and ranges, archery
ranges, racetracks
C
C
X
X
X
X
X
X
X
Cemeteries
C
C
C
C
C
C
C
C
C
Daycare centers within legally conforming
religious institutions and schools.
PA
PA
PA
PA
PA
PA
PA
PA
PA
Daycare centers within subordinate classroom
structures.
X
X
X
X
X
X
X
X
X
Religious Institution
C
C
C
C
C
C
X
X
X
Clubs and lodges
C
C
C
C
C
C
C
C
C
Crafts and antique businesses in buildings
designated as historical sites by a county, state,
X
X
X
X
X
X
X
X
X
or nationally recognized historical organization
Garages and Accessory Structures in
compliance with Ci Code 12-6
PA
PA
PA
PA
PA
PA
PA
PA
PA
Golf courses and driving ranges
C
C
C
C
C
C
C
C
C
Highway construction materials (temporary
processing and storage)
I
I
I
I
I
I
I
I
I
Marinas
C
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
P
Resorts
C
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
X
Solar Energy Systems (roof mounted) subject
to City Code 9-15
PA
PA
PA
PA
PA
PA
PA
PA
PA
Swimming pools and recreation areas or
structures
PA
PA
PA
PA
PA
PA
PA
PA
PA
Uses which may be detrimental to the health,
safety, and welfare of persons residing or
X
X
X
X
X
X
X
X
X
working in the vicinity.
Wind Energy Conservation Systems (WECS)
as defined in and in compliance with Title 9,
Chapter 13 of this code. WECS are prohibited
C
C
C
C
C
C
C
C
C
on WDE site.
Activities involving the storage, utilization or
manufacture of materials or products such as
X
X
X
X
X
X
X
X
X
TNT or d smite.
Notes:
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 12-15-7 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. Farm operations in existence on April 18, 2006 are exempt from this provision. See also City Code 12-4-4.
CHAPTER 11
COMMERCIALANDUSTRIAL PERMITTED, PERMITTED ACCESSORY, CONDITIONAL, INTERIM
AND PROHIBITED USES
P — Permitted Use
NB — Neighborhood Business
PA — Permitted Accessory Use
SC — Shopping Center
C — Conditional Use'
GB — General Business
I — Interim Use
I - Industrial
PUD— Planned Unit Development
NB
X — Prohibited Use
GB
If Use Not Specifically Listed or Provided for Elsewhere in the City
ode, It Is Prohibited
Uses
ZoningDistricts
AUTO RELATED USES
NB
SC
GB
I
Automobile service stations in compliance with City Code 12-8-4
C3
Cz
C
C
Car wash automated
X
C
X
X
Car wash self service
X
X
P
P
Car wash accessory to automobile service station
X
P
P
P
School bus terminal
X
X
X
P
Transportation terminals or motor freight terminals
X
X
X
X
Vehicle sales new in Compliance with City Code 3-8
X
X
C
C
Vehicle sales used in Compliance with City Code 3-8
X
X
C
C
LIQUOR
NB
Sc
GB
I
Liquor licenses in compliance with City Code 3-1
X
C
C
C
Liquor License On -Sale Wine in compliance with City Code 3-1
C
C
C
C
Liquor stores, off -sale in compliance with City Code 3-1
X
C
C
X
RETAIL TRADE AND SERVICES
NB
Sc
GB
I
Adult use business as defined in Title 3, Chapter 7 of the City Code
X
X
C
C
Barbershops and beauty salons
p
p
P
x
Campgrounds, gun clubs and ranges, archery ranges, racetracks
X
X
X
X
Christmas tree sales
I
I
I
I
Commercial recreation, indoors
p
p
p
p
Commercial recreation outdoors
C
C
C
C
Commercial riding stables
X
X
X
X
Crematorium in compliance with definition under City Code 12-2
X
X
C
C
Daycare centers Commercial
P
p
P
p
Da care centers(drop in
PA
PA
PA
PA
Drive in businesses or businesses with a drive through window
C
C
C
C
Dry Cleaning Processing (Amended Ord. 323, 2-7-2006) in compliance with definition
under City Code 12-2
X
X
C
C
Financial institutions
p
p
p
p
Hotels and motels
C
I C
C
C
Lumberyard
X
X
X
C
Medical and dental clinics
p
p
p
p
Medical clinic - continuous operation
C
C
C
C
Mortuaries and funeral homes without crematorium
p
p
p
p
Pawnbrokers- as defined in Title 3 Chapter 4 of the City Code
X
C
C
C
Precious metal dealers -as defined in City Code 3-4
X
C
C
C
Professional studios
P
p
p
p
Recreational vehicle boat and marine equipment sales
X
P
P
P
Rental businesses (Equipment)
I
I I
P
P
Repair services as defined in City Code 12-2
p
p
p
p
Resorts
X
X
X
X
Restaurants/cafes
p
P
p
p
Restaurant with live entertainment
X
C
C
X
Retail trade and services
P
p
p
C
Secondhand goods dealers as defined in Title 3 Chapter 4 of this code
X
C
C
C
Theaters Indoors
X
P
P
P
Theaters Outdoors
X
X
X
X
Veterinary clinics no outside pens or animal storage)
C
C
P
P
SCHOOLS
NB
SC
GB
I
K-12
X
X
X
X
Post -Secondary Schools
C
C
C
C
Schools exceeding height maximum up to 45 feet in height
C
C
C
C
STORAGE
NB
SC
GB
I
Bulk fuel storage (tanks greater than 1,000 -gallon storage capacity) in compliance with
City Code 12-8-2
C
C
C
C
Highway construction materials (temporary processing and storage) in compliance
with City Code 12-16 compliance
I
I
I
I
Mini storage indoor storage only)
X
X
C
C
Outdoor display, storage, and sales
C
C
C
C
Outdoor display,storage, and sales- during operating hours only
C
C
C
C
Tires - Exterior storage of waste tires
X
X
X
X
Tires - Interior storage of more than eight 8 waste tires
C
C
C
C
Toxic waste storage
X
I X
X
X
UTILITIES
NB
SC
GB
I
Private utilities as, electric, phone, cable, etc. in Compliance with City Code 8-2
P
P
P
P
Private utility structures and/or uses electrical transmission lines, gas pipelines, etc.
C
C
C
C
Public utility uses for local service
P
P
P
P
OTHER
NB
SC
GB
I
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
floor areas ace of the principal building.
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
Buildings (Principal) exceeding height maximum subject to City Code 12-3-5
C
C
C
C
Contractors' Shops and Storage Yards'
C5
X
P
P
Religious Institution
X
C
C
X
Clubs and lodges
X
X
P
X
Continuous operation of a business
P
P
X4
X4
Excavation (Mining) greater than 400 cubic yards when no building permit has been
issued in compliance with City Code 12-13
I
I
I
I
Golf courses and driving ranges
X
X
X
X
Group Homes as regulated by State Statute
X
X
X
X
Junkyards
X
X
X
X
Land Reclamation in compliance with City Code 12-13
I
I
I
I
Landfills
X
X
X
X
Manufacturing
X
X
P
P
Marinas
X
X
X
X
Offices
P
P
P
P
Publicly owned and operated property except as herein amended
P
P
P
P
Research laboratories
X
X
P
P
Swimming pools and recreation areas or structures
PA
PA
PA
PA
Uses which may be detrimental to the health, safety, and welfare of persons residing or
workin in the vicini
X
X
X
X
Wholesale businesses
X
X
P
P
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
Solar Energy Systems round mounted
X
X
X
X
Solar Energy Systems roof mounted
PA
PA
PA
PA
Activities involving the storage, utilization or manufacture of materials or products
such as TNT or dynamite.
I
I
I
I
Notes:
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 12-15-6D of this title.
2. 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.
3. 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.
4. Sec 12-2-2 for definitions of "Continuous Operation and Non-continuous Operation". From November 15th
to January 1st continuous operation will be allowed in the General Business and Industrial Zoning District.
5. Contractors' Shops and Storage Yards within NB — Neighborhood Business districts shall be located on
properties outside of the Metropolitan Urban Service Area (MUSA) boundary.
CHAPTER 12
REQUIREMENTS FOR SPECIFIC CONDITIONAL USES
SECTION:
12-12-1: Two -Family Home Conversions (Splits)
12-12-2: Liquid Storage Tank
12-12-3: Exterior Storage
12-12-4: Automobile Service Station
12-12-5: Accessory Dwelling Unit (ADU)
12-12-1: TWO-FAMILY HOME CONVERSIONS (SPLITS):
A. Two-family home conversions (splits) may be permitted following issuance
of a Conditional Use Permit (which shall be reviewed and pertinent data
regarding the unit shall be provided, including, but not limited to,
submission of a survey setting out each individual lot and its location along
said party wall). Each dwelling unit shall be provided with individual sewer
stubs, individual wells or sources of water, separate power supply to each
living unit, one hour fire separation between living units, and that a party
wall agreement and covenant document, including an arbitration clause,
shall be entered into by all affected parties. These upgrades to the
structure and providing the city a copy of the party wall agreement and
covenant documents by the applicant must take place prior to release of
the resolution approving the two-family home split.
B. In the event a two-family home is lacking the required garage space
and/or the minimum housing unit size, the applicant must obtain a
variance or bring the unit up to current standards. In the event a unit falls
below the nine hundred sixty (960) square foot minimum and is more than
fifty percent (50%) destroyed (as determined by the building official), the
unit will be required to be rebuilt to meet the minimum of nine hundred
sixty (960) square feet and also have a garage that meets the minimum
size requirement. This would become a standard condition of any variance
to structure size (if it were granted). If the building is improperly located on
the lot such that it requires a variance to setbacks, a variance would be
required to be granted or the unit will not be allowed to be split. (Ord.
8QQQQQQ, 10-1-2002)
12-12-2: LIQUID STORAGE TANK:
A. Conditional Use Permit Required For Certain Materials: All uses, including
pipelines associated with the bulk storage of oil, gasoline, liquid fertilizer,
chemicals and similar liquids shall require a Conditional Use Permit in
order that the governing body may have some assurance that fire,
explosion or water or soil contamination hazards are not present that
would be detrimental to the public health, safety and general welfare. All
tanks that could contain hazardous and/or flammable liquids having a
capacity in excess of one thousand (1,000) gallons shall be required to
obtain a Conditional Use Permit and a permit from the Fire Department
prior to installation. Exceptions are noted below. All public agencies
(including school districts, city, county and state) shall be entitled to apply
for a Conditional Use Permit for a tank regardless of the zoning district
that they are located in.
B. The governing body may require the development of diking around said
tanks, suitably sealed, to hold a leakage capacity equal to one hundred
fifteen percent (115%) of the tank capacity.
C. Prohibitions
All liquid storage tanks not listed as a Conditional Use in the Uses table
(refer to Section 12-14) or as an Exception (as noted in Section 12-12-2
D.) shall be prohibited.
D. Exceptions.
The provisions of this subchapter do not apply to:
1. Existing home heating oil tanks, including those located in
basements, cellars, if the storage tank is located upon or above the
surface of the floor;
2. Septic tanks.
3. Small (20-30 Ib.) propane tanks used on barbeque grills.
E. Installation, Alteration, Repair or Removal Permits.
The installation, alteration, repair or removal of any liquid storage
system governed by this subchapter requires permits issued by the
Fire Chief pursuant to the provisions of the Minnesota State Fire
Code and any other applicable code, ordinance, statute, rule or
National Fire Prevention Association Standards;
Permits and fees. The issuance of permits and the collection of
fees shall be in accordance with the fee schedule adopted by the
City Council in the amount provided by the fee resolution, set forth
in this code;
The Fire Chief may deny a permit to persons not capable of
performing pursuant to ordinance requirements. (Amended Ord.
314,10-4-2005)
12-12-3: EXTERIOR STORAGE: In all districts excluding residential
districts, the governing body may order the owner of property to apply for a
Conditional Use Permit to conduct an open storage use, including existing uses,
provided it is found that said use constitutes a threat to the public health, safety,
convenience, morals or general welfare. (Amended Ord. 8, 10-21-1970; Ord.
380, 4/21/09)
12-12-4: 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 Minnesota State Building Code,
Minnesota State Fire Code, and all provisions related to underground
liquid storage systems required in Section 12-12-2 of this code. (Amended
Ord. 438, 6-3-14; Amended Ord. 463, 6-21-16)
B. Building permits shall not be issued for new construction or remodeling of
facilities unless Fire Department approval has been received.
C. Hours of operation will be approved by the City Council.
D. The site plan shall show parking areas for customers, employees, service
vehicles and those needing repair and no other areas of the site will be
allowed vehicle parking. No vehicle shall be parked awaiting service
longer than ten (10) days. Inoperable vehicles are regulated per section
6-5 of City Code.
E. Pump islands are subject to setback requirements.
F. Exterior storage and sales shall only be allowed as approved through the
Conditional Use Permit. (Amended Ord. 314,10-4-2005)
12-12-5: ACCESSORY DWELLING UNIT (ADU)
A. Purpose. The purpose of this subdivision is to permit and regulate an
accessory dwelling unit (ADU). An ADU may be located accessory to a
single-family dwelling in the R-1, Single Family Rural zoning district only
as a conditional use subject to the regulations set forth herein. The
minimum lot size in the R-1 zoning district ensures that additional
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.
3. 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.
5. The ADU shall be separated a minimum of twenty feet (20') from the
primary residence.
6. The ADU shall meet the setback requirements for an accessory
structure as specified in the City Code.
7. 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 City rental license pursuant to the City Code.
It is unlawful for a property owner to construct or allow occupancy within an
ADU that does not comply with all of the foregoing requirements. (Amended
Ord. 463, 06-2016)
CHAPTER 13
REQUIREMENTS FOR SPECIFIC INTERIM USE PERMITS
SECTION:
12-13-1:
Land Reclamation
12-13-2:
Mining
12-13-3:
Highway Construction Materials (Temporary Processing and
Storage
12-13-1: Land Reclamation: Land reclamation shall be permitted only by
Interim Use Permits in all districts. The permit shall include, as a condition
thereof, a finished grade plan which will not adversely affect the adjacent land,
and as conditions thereof shall:
A. Regulate the type of fill permitted;
B. Include a program for rodent control;
C. Include a plan for fire control;
D. Provide for general maintenance of the site;
E. Provide planned controls of vehicular ingress and egress; and
F. Provide for control of material disbursed from wind or hauling of material
to or from the site.
12-13-2: MINING: In all districts, the conduct of mining shall be permitted
only upon issuance of a Interim Use Permit. Such permit shall include, as a
condition thereof:
A. A plan for finished grade which will not adversely affect the
surrounding land or the development of the site on which the
mining is being conducted; and
B. The route of trucks moving to and from the site.
12-13-3: HIGHWAY CONSTRUCTION MATERIALS (TEMPORARY
PROCESSING AND STORAGE):
A. Site Plan Requirements: The temporary processing and storage of sand,
gravel, or other materials shall be permitted only by Interim Use Permit.
Such Interim Use Permit shall include a site plan showing:
1. Where the processing is to be done;
2. The location of the plant;
3. Disposal of water;
4. Route of trucks moving to and from the site in removing processed
material from the site.
A. Term Of Permit: Such permit shall be granted for a specified period.
SECTION:
12-14-1:
12-14-2:
12-14-3:
12-14-4:
12-14-5:
12-14-6:
12-14-7:
12-14-8:
12-14-9:
12-14-10:
12-14-11:
12-14-12:
12-14-13:
12-14-14:
12-14-15:
12-14-16:
12-14-17:
12-14-18:
CHAPTER 14
PERFORMANCE STANDARDS
Purpose and Scope
Enforcement
Exterior Storage
Refuse in All Districts
Screening
Landscaping in All Districts
Glare in All Districts
Off Street Parking Requirements
Off Street Loading and Unloading Areas
Traffic Control
Drainage
Guesthouses
Dwelling Units of Employees on Premises in
Residential Districts
Dwelling Units in Commercial and Industrial Districts
Visual Standards
Coin Operated Machines
Residential Building Standards
Interim Performance Standards
12-14-1: PURPOSE AND SCOPE: The performance standards established
in this chapter are designed to encourage a high standard of development by
providing assurance that neighboring land uses will be compatible. The
performance standards are also designed to prevent and eliminate those
conditions that cause urban blight. All future development shall be required to
meet these standards. The standards shall also apply to existing development
where so stated. (Amended Ord. 8, 10-21-1970)
12-14-2: ENFORCEMENT: The City Administrator or their designee shall be
responsible for enforcing these standards. (Amended Ord. 8, 10-21-1970)
(Amended Ord. 314,10-4-2005)
12-14-3: EXTERIOR STORAGE:
A. Residential Districts: All materials and equipment not stored within a
building must be fully screened (as outlined in Section 12-14-5) so as not
to be visible from adjoining properties, except for the following (Amended
Ord. 380, 4/21/09):
1. Clotheslines and recreational equipment. (Amended Ord. 314 10-4-
2005)
2. Building materials currently being used on the premises of a property
with an active building permit or landscaping materials to be incorporated
into a project on the premises of a property with an active
remodeling/beautification project not to exceed six (6) months within a
calendar year. (Amended Ord. 314 10-4-2005; Ord. 380, 4/21/09; Ord.
392, 5/18/10)
3. Agricultural equipment and materials if these are used or intended for
use on the premises.
4. Special mobile equipment permitted only when being used in
conjunction with a temporary service including, but not limited to
emergency events or a construction, remodeling, or landscaping project
benefiting the premises or the temporary, general loading or unloading
onto the premises.
B. All Districts except Residential Districts: The City Council may require a
Conditional Use Permit for any exterior storage of the following:
1. If it is demonstrated that such storage is a hazard to the public
health, safety, general welfare, or morals, or has a depreciating
effect upon nearby property values, or impairs scenic views, or
constitutes a threat to living amenities. (Amended Ord. 8, 10-21-
1970; Ord. 380 4/21/09)
12-14-4: REFUSE IN ALL DISTRICTS:
A. Interpretation: All exterior storage not included as a permitted accessory
use, a permitted use, or included as part of a Conditional Use Permit, or
otherwise permitted by provisions of this title shall be considered as
refuse.
B. Storage Of Refuse: All waste material, debris, refuse, or garbage shall be
kept in an enclosed building or properly contained in a closed container
designed for such purposes. All non-residential uses shall have trash
enclosures built of materials that match the principal structure and have an
opaque gate made of wood or metal (metal chain link with slats is not
acceptable). (Amended Ord. 314,10-4-2005)
C. Vacant Land: The owner of vacant land shall be responsible for
keeping such land free of refuse and weeds.
D. Existing Uses to Comply: Existing uses shall comply with this provision
within six (6) months following enactment of this title. (Amended Ord. 8,
10-21-1970; amd. 2003 Code)
12-14-5: SCREENING:
A. Exterior Storage: Screening from residential properties and public streets
as visible from ground level shall be provided with an architecturally
compatible opaque fence with a minimum height of six feet as measured
from the surface of the exterior storage area. Plant material shall be
provided on the outside of the fence for aesthetic appeal. Additional fence
height and/or berming shall be required if a six-foot fence would not block
direct vision of the exterior storage. (Amended Ord. 380, 4/21/09)
1. Landscaping products and merchandise displayed for sale in
limited quantities may be exempt from this screening requirement
provided that a Conditional Use Permit and commercial site plan approval
have been achieved and the approved plan provides specified locations,
appearance and maintenance criteria and prevents conflicts with traffic
circulation and emergency access.
B. Loading Docks: Screening of loading docks from public streets and
residential properties shall be provided to the top of the loading door(s).
Such screening shall be provided with a wing wall constructed from the
same materials as the principal structure whenever possible. Other views
into the loading dock from public streets and residential properties shall be
screened with a combination of berming, fencing and landscaping to a
minimum height of six feet except within sight triangles at intersections
with public streets.
C. Mechanical Equipment:
1. Rooftop mechanical equipment shall be screened from public
streets and residential properties with a cornice, parapet, or other
architectural feature to the fullest extent possible. Any remaining
protrusions of rooftop equipment above these features shall be painted to
match the principal structure.
2. Ground mounted mechanical equipment shall be screened from
public streets and residential properties with landscaping or a fence or
enclosure that is architecturally compatible with the principal structure.
D. Multiple Frontage Residential Lots: Screening between the rear yard and
the adjacent street shall be provided to achieve a minimum height of six
feet at plant maturity as measured from the surface of the adjacent street.
Such Screening must consist of:
1. Existing vegetation
2. A compact evergreen or deciduous hedge
3. Deciduous and coniferous trees
4. A landscaped berm
5. A combination of the above
E. Buildings: The sides and rear of non-residential buildings and residential
structures containing more than two (2) units shall be screened from
residential properties within 200 feet, to a minimum height of six feet at
plant maturity as measured from the grade of the residential property line.
Such screening shall be provided with the following:
1. Existing vegetation
2. A compact evergreen or deciduous hedge
3. Deciduous and coniferous trees
4. A landscaped berm (Amended Ord. 314 10-4-2005)
5. An architecturally compatible opaque fence
6. A combination of the above
F. Parking Areas: Screening from residential properties shall be provided to
a minimum height of six feet as measured from the surface of the parking
area. Screening from public rights-of-way shall be provided to a minimum
height of three feet. Parking area screening must consist of:
1. An architecturally compatible opaque wall or opaque fence.
2. A landscaped berm
3. Two staggered rows of evergreen trees with trees in each row spaced
a maximum of 12 feet. Such trees shall not be used to satisfy minimum
tree requirements.
4. A combination of the above.
G. Trash Enclosures and Compactors: Trash collection shall be provided or
the interior of the principal structure whenever possible. When exterior
trash enclosures are necessary such enclosure shall be constructed from
a masonry product that is compatible with the principal structure. Such
enclosure shall exceed the height of all waste receptacles stored inside
and shall provide adequate space for recycling. The trash enclosure shall
have an opaque metal or wood gate. Chain link fencing shall not be
allowed. Trash enclosures shall be screened from public rights-of-way
and residential properties with coniferous trees equal in height to the trash
enclosure at the time they are planted. (Amended Ord. 314, 10-4-2005)
12-14-6: LANDSCAPING OF NONRESIDENTIAL PROPERTIES:
A. Purpose and Intent. The City of Andover recognizes the health, safety,
aesthetic, ecological and economic value of landscaping and screening. The
provisions of this section are intended to:
Add visual interest to open spaces and blank facades;
2. Soften dominant building mass;
3. Provide definition for public walkways and open space areas;
4. Ensure significant tree canopy shading to reduce glare and heat
build-up;
5. Improve the visual quality and continuity within and between
developments;
6. Provide screening and mitigation of potential conflicts between
activity areas and more passive areas;
7. Protect and improve property values;
Improve air quality and provide a buffer from air and noise pollution;
Enhance the overall aesthetic conditions within the City;
10. Limit sight line obstructions and drainage conflicts;
11. Reduce the potential for criminal and illegal activities; and
12. Prevent conflicts with utilities.
B. Landscape Plans: A landscape plan shall be submitted with any
Commercial Site Plan Application as described in City Code 12-15-4;
C. Minimum Number of Trees and Shrubs. Except for single and two family
uses, development must at a minimum provide the following numbers of
trees and shrubs in addition to any trees and shrubs required for
screening in Section 12-14-5:
1. One tree per 75 lineal feet of site perimeter
2. One shrub per 30 feet of site perimeter
3. One shrub per 15 lineal feet of building perimeter
Reduced Landscaping in Rear Yards. Landscaping may be reduced in
areas along the back side of the building which face the rear yard, and
which are not used for screening. Landscaping for the total site shall still
comply with the overall requirements.
D. Credit for Existing Trees. Existing healthy deciduous trees greater than
four caliper inches or existing healthy evergreen trees greater than six feet
in height and are not identified on the City's prohibited plant species list
may be credited toward the minimum required trees on a site.
E. Minimum Tree Size. Required trees must meet the following minimum
size standards:
Overstory trees must be at least one- and one-half caliper inches at
planting;
2. Single stem ornamental trees must be at least one- and one-half
caliper inches at planting;
3. Evergreen trees and multi -stem ornamental trees must be at least six
feet in height at planting.
F. Parking Island Landscaping. The following plant material shall be
provided in parking islands without credit toward the minimum number of
trees and shrubs described above:
1. One tree per 270 square feet of parking island area;
2. One shrub per 30 square feet of parking island area.
G. Restrictions. The following restrictions on landscaping and screening
apply to protect the public health, safety and welfare.
1. Public Easements. Landowners are advised that landscaping features
placed in a public easement may be removed without compensation if
it is necessary to install, replace or maintain a public utility, sidewalk or
drainage way within the easement.
2. Trees, irrigation lines, berms, walls or fences must not be placed in a
public easement where public improvements are located without the
written approval of the Director of Public Works.
3. Sight Triangle. Landscaping and screening must not interfere with the
sight triangle as defined in the City Code. (Amended 5/19/20; Ord.
507)
4. Crime Prevention Through Environmental Design (CPTED). In support
of CPTED principles designed to reduce the fear and incidence of
crime and to improve the quality of life, landscaping must support the
objectives of natural surveillance, territorial reinforcement, access
control, and maintenance. These CPTED objectives are further
discussed in the Planning Manager's Landscaping and Screening
Policies and Procedures document.
5. Fire Hydrant and Utility Clear Zone. The area three feet in radius
around all fire hydrants, fire hose connections and utility boxes must be
kept free of any trees, shrubs or other landscaping feature that could
impede access to or use of the hydrant, fire hose connection or utility
box.
H. Administration: The City shall have the authority to adopt and implement
landscaping and screening policies and procedures for the purpose of
specifying landscape plan submittal requirements, establishing surety
rates and procedures and offering landscaping and screening material and
design recommendations.
Ground cover. All site areas and areas that have been disturbed during
construction must be covered with sod to the property lines and/or
adjacent rights-of-way. Rock and mulch may be substituted for sod in
landscaping planting beds and along the perimeter of buildings. All
landscaping planting beds shall provide a durable edging system. Native
plant communities may be re-established in appropriate portions of the
site
J. Irrigation Required. All required landscape materials shall be irrigated.
K. Material Maintenance. The property owner must maintain all landscaping
and screening materials shown on the approved landscape plan in a
manner consistent with the intent and purpose of the plan and City Code
requirements. Approved landscaping and screening materials that die,
become diseased or are significantly damaged must be replaced at the
next appropriate planting period with new materials in conformance with
the approved landscape plan and applicable City Code standards.
L. Ground Cover Maintenance. Ground cover must be maintained in
accordance with Section 9-9 of this Code.
M. Removal. Unless a modified landscape plan is approved, landscaping
and screening materials and structures approved on a landscape plan
must not be removed except when replaced in accordance with this
Section.
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; Amended Ord. 463, 6-21-16)
12-14-7: GLARE IN ALL DISTRICTS:
A. Any lighting used to illuminate an off-street parking area, sign, or other
structure shall be arranged so as to deflect light away from any adjoining
residential zone or from the public streets.
B. Direct or sky reflected glare, where from floodlights or from high
temperature processes such as combustion or welding, shall not be
directed into any adjoining property.
C. The source of light shall be hooded or controlled in some manner so as
not to light adjacent property.
D. Bare incandescent light bulbs shall not be permitted in view of adjacent
property or public right of way.
E. Any light or combination of lights that cast light on a public street shall
not exceed one foot-candle (meter reading) as measured from the
centerline of said street. Any light or combination of lights that cast light
on residential property shall not exceed 0.4 foot candles (meter
reading) as measured from said property. (Amended Ord. 8, 10-21-
1970)
12-14-8: OFF STREET PARKING REQUIREMENTS:
A. Purpose: The regulation of off-street parking spaces in this title is to
alleviate or prevent congestion of the public right-of-way and to promote
the safety and general welfare of the public by establishing minimum
requirements for off street parking of motor vehicles and trailers in
accordance with the utilization of various parcels of land or structures
and to maintain the general use and character within the zoning
designations. (Amended Ord. 392, 5/18/10)
B. Policy: For those rural lots originally intended to be 2.5 acres, but upon
development resulted in less than 2.5 acres but at least 2.375 acres
are, for the purpose of this ordinance, considered to satisfy the 2.5 -acre
requirement. (Amended Ord. 392, 5/18/10)
C. Site Plan Required: All applications for a building permit or Certificate of
Occupancy in all zoning districts shall be accompanied by a site plan
drawn to scale and dimensioned indicating the location of the driveway,
off street parking and loading spaces, and storage areas in compliance
with the requirements set forth in this chapter.
D. General Provisions:
1. Determining Floor Area: Floor area, for the purpose of calculating the
number of off-street parking spaces required, shall be determined on the
basis of the exterior floor area dimensions of the buildings, structure or
use. Floor area shall not include areas used primarily as utility rooms,
maintenance areas, restrooms, fitting rooms, alteration rooms, window
display areas or lobbies.
2. Change of Use or Occupancy of Land or Buildings:
a. Land: No change of use or occupancy of land already dedicated
to a parking area, parking spaces, or loading spaces shall be made,
nor shall any sale of land, division or subdivision of land be made
which is necessary for parking, parking stalls, or parking
requirements below the minimum prescribed by these zoning
regulations.
b. Buildings: Any change of use or occupancy of any building,
including additions thereto, requiring more parking area shall not be
permitted until there is furnished such additional parking spaces as
required by this title.
3. Permitted Use of Residential Parking Area:
Driveways in a residential district shall be utilized solely for the
parking of licensed and operable motor and passenger vehicles,
trailers, and recreational vehicles, and may not contain no more
than one vehicle registered as a commercial vehicle with the
State of Minnesota. Said such commercial vehicle shall not: 1.)
exceed 12,000 pounds gross vehicle weight; 2) the height of the
vehicle shall not exceed nine (9) feet; and 3) the carrying load
area shall not exceed the height of the operating area (this
height shall not include any accessory equipment such as a
ladder, antenna, or aftermarket utility box that may be affixed or
attached to the vehicle). (Amended Ord. 392, 5/18/10)
b. Private Garages: A private garage in a residential district shall
not be utilized for business or industry, except as allowed by
Section 12-9-3 of this code. Further, not more than one-half
(1/2) of the space may be rented for the private vehicles of
persons not residents on the premises; except, that all the
space in a garage of one or two (2) car capacity may be so
rented. In an R-1 or R-2 single-family residential district on a
parcel of at least three (3) acres in size, one truck tractor may
be stored within an accessory building. Under no circumstances
shall the required parking facilities allow for the parking of semi-
trailers, unless otherwise allowed by City Code. (Amended Ord.
392, 5/18/10)
c. Rear yards: A combination of no more than two (2) of the
following: passenger vehicles, pickup trucks, recreational
vehicles, or trailers shall be permitted to be stored in the rear
yard of a residential property provided they are setback not less
than ten (10) feet from all property lines and are fully operable
and licensed as required by the State of Minnesota. Each item
shall not exceed twenty (20) feet in length. The permitted length
for one recreational vehicle may increase to no more than forty-
five (45) feet in length in the following locations:
(1) On a parcel of land having a minimum lot size of two and
a half (2.5) acres.
(2) On one or more parcels of land sharing a lot line owned
by the same person and having a total combined acreage
of 2.5 acres. (Amended Ord. 392, 5/18/10)
Commercial vehicles exceeding the gross vehicle weight or
height as enumerated in Section 12-14-8, D. subpart 3.a. or any
special mobile equipment shall only be permitted on any off-
street parking area or its respective premises if it is being used
in conjunction with a temporary service including, emergency
events or a construction, remodeling, or landscaping project
benefiting the premises. In no instance shall the duration of
such special mobile equipment exceed two (2) consecutive days
at any given period of time unless prior authorization from the
City has been obtained. (Amended Ord. 392, 5/18/10)
4. Prohibited Use of Parking Area:
a. Under no circumstances shall required parking facilities
accessory to residential structures be used for the parking or
storing of semi -trailers, flatbed trucks, tow trucks, school buses, or
similar. (Amended Ord. 392, 5/18/10)
b. Required off street parking space in any district shall not be
utilized for the open storage of goods or for the storage of vehicles
which are inoperable, for sale or for rent.
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, 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. (Amended Ord. 480,
3-20-18)
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.
6. Joint Facilities: Off street parking facilities for a combination of
mixed buildings, structures or uses may be provided collectively in any
business or recreational district in which separate parking facilities for
each separate building, structure or use would be required; provided,
that the total number of spaces provided shall equal the sum of the
separate requirements of each use during any peak hour parking
period, subject to the following conditions:
a. The building or use for which application is being made to utilize
the off-street parking facilities provided by another building or use
shall be located within three hundred feet (300') of such parking
facilities.
b. There shall be no substantial conflict in the principal operating
hours of the two (2) buildings or uses for which joint use of off-
street parking facilities is proposed.
c. A properly drawn legal instrument, executed by the parties
concerned for joint use of off-street parking facilities, duly approved
as to form and manner of execution by the City Attorney, shall be
filed with the City Clerk and recorded with the County Recorder.
7. Off -Site Parking:
a. Any off-site parking which is used to meet the requirements of
this title shall require a Conditional Use Permit as regulated by
Section 12-15-7 of this title and shall be subject to the conditions
listed herein.
b. Off-site parking shall be developed and maintained in
compliance with all requirements and standards of this title.
c. Reasonable access from off-site parking facilities to the use
being served shall be provided.
d. The site used for meeting the off-site parking requirements of this
title shall be under the same ownership as the principal use being
served.
e. Off-site parking for multiple -family dwellings shall not be located
more than one hundred feet (100') from the principal use served.
f. Off-site parking for nonresidential uses shall not be located more
than three hundred feet (300') from the main entrance of the
principal use being served. No more than one main entrance shall
be recognized for each principal building. (Amended Ord. 8, 10-21-
1970)
g. Any use which depends upon off-site parking to meet the
requirements of this title shall remain under the same ownership
until such time as on-site parking is provided or a site in closer
proximity to the principal use is acquired and developed for parking.
(Amended Ord. 8,10-21-1970; amd. 2003 Code)
E. Design Standards:
1. Parking Space Size: Parking spaces shall not be less than ten feet wide
by eighteen feet in length (10' x 18') exclusive of access aisles, and each
space shall be adequately served by an access aisle.
2. Residential Design:
a. Parking areas shall be designed so that circulation between
parking bays or aisles occurs within the designated parking lot and
does not depend upon a public street or alley, except in the case of
single-family, two-family, townhouse and quadraminium dwellings.
b. Parking area design that requires backing onto the public
street is prohibited, except in the case of single-family, two-family,
townhouse and quadraminium dwellings.
3. Curb Cuts:
a. No curb cut access shall be located less than sixty feet (60') from
the intersection of two (2) or more street rights-of-way. This
distance shall be measured from the intersection of lot lines.
b. All proposed curb cuts along a county road must be reviewed
and approved by the County Highway Department.
c. No nonresidential curb cut access shall exceed thirty feet (30') in
width unless approved by the City Engineer.
d. No residential driveway located on a cul-de-sac shall exceed
twenty-four feet (24') in width at the street curb to the right-of-
way/property line. Other residential driveway widths shall not
exceed thirty feet (30) in width at the street curb to the right-of-
way/property line.
e. Curb cut openings and driveways shall be a minimum of ten feet
(10') from the side yard property line in all classes of business,
industrial, or multi -family residential districts.
f. Curb cut openings and driveways shall be a minimum of five feet
(5') from the side yard property line in all residential districts (R-1,
R-2, R-3, R-4, R-5).
g. Driveway access curb openings on a public street shall not be
located less than forty feet (40') from one another, except for single-
family, two-family, quadraminium and townhouse dwellings.
h. All property shall be entitled to one curb cuttaccess unless
otherwise specified herein:
(1) All commercial/industrial use property shall be allowed
one curb cut/access for each one hundred twenty-five feet
(125') of street frontage.
(2) Multiple dwelling units shall be limited to one curb
cut/access for each one hundred twenty-five feet (125') of
street frontage unless otherwise approved by the city
pursuant to a Planned Unit Development.
(3) No residential primary curb cut/access shall be created
directly onto any street of collector status or greater unless
approved by the City Engineer.
(4) No residential accessory curb cut/access shall be
permitted directly onto any street unless approved by the
City Engineer. (Amended Ord. 8,10-21-1970)
L A detail of the curb cut standards is on file in the office of the
Building Official.
(Amended Ord. 8, 10-21-1970; amd. 2003 Code)
4. Aisles:
a. Aisles adjacent to or giving access to perpendicular parking
spaces or diagonal parking spaces having angles of less than
ninety degrees (90°) but greater than sixty degrees (600) shall be at
least twenty-four feet (24') in width.
b. Aisles adjacent to or giving access to parking spaces having
angles of sixty degrees (60°) or less shall be at least twenty feet
(20') in width.
c. Drives providing circulation between parking bays or aisles shall
have a minimum inside turning radius of sixteen feet (16') for drives
used by passenger vehicles and a minimum inside turning radius of
twenty-five feet (25') for drives used by semi -trailers or single unit
delivery trucks.
5. Grades: The grade elevation of any parking area, driveway and aisles
shall not be less than one percent (1%) and shall not exceed five percent
(5%).
6. Surfacing:
a. Specifications: All driveways, off street driving, loading, parking and
storage areas shall be surfaced in accordance with the standard
specifications as adopted by the city and on file with the office of
the City Engineer.
b. Maintenance of Parking Facilities: It shall be the responsibility of
' See title 13, chapter 3 of this code.
the owner of the principle use or building to maintain, in a neat and
adequate manner, the parking space and accessways with
materials in accordance with the standard specifications as adopted
by the city and on file with the office of the City Engineer.
(Amended Ord. 426,1/2/13)
c. Exemptions:
(1) Farm dwellings and farm operations are exempt from this
paving requirement.
(2) City parks shall be exempt from the paving requirement if
approved by the City Council.
(3) Storage areas for heavy construction equipment that
would damage the pavement may be exempt from the
paving and surfacing requirement, with an acceptable
surface approved by the City Engineer.
d. Plans: Plans for surfacing and drainage of driveways for
nonresidential uses shall be submitted to the City Engineer for
review, and the final plan shall be subject to written approval.
7. Striping: Except for single-family, two-family, townhouse and
quadraminium dwellings, all parking stalls shall be marked with white
painted lines not less than four inches (4") wide. (Amended Ord. 8, 10-21-
1970; Amended Ord. 426,1-2-13)
8. Lighting:
a. All off street parking areas for residential uses of twelve (12) or
more spaces and all off street parking for commercial, industrial,
institutional, and public uses shall be equipped with operable
lighting designed to illuminate the entire surface of the parking area
in conformance with current standards as set forth by the
Illuminating Engineering Society of North America (IESNA). This
shall not apply to neighborhood parks as identified in the "Andover
Comprehensive Park System And Recreation Plan", as amended.
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 (900).
d. Illumination from light fixtures shall be measured at one foot (1)
above ground level on a forty-five degree (45°) angled plane.
e. Developments where more than one land use exists and different
lighting requirements are applicable will be addressed during the
commercial site plan review process. (Ord. 293, 7-6-2004)
General arking 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
Reli ious 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 (900).
d. Illumination from light fixtures shall be measured at one foot (1)
above ground level on a forty-five degree (45°) angled plane.
e. Developments where more than one land use exists and different
lighting requirements are applicable will be addressed during the
commercial site plan review process. (Ord. 293, 7-6-2004)
9. Curbing:
a. All driveways, loading areas, parking areas and storage areas
shall be bounded by poured in place concrete curb and gutter for
the purpose of traffic control, drainage control, protection of
pedestrian movement, protection of landscaped features,
aesthetics and maintenance prevention as deemed necessary by
the Andover Review Committee, except for single-family, two-
family, townhouse and quadraminium dwellings.
b. The city may exempt curbing where the city has approved future
expansion of the parking lot.
c. Poured in place concrete traffic safety islands may be required to
maintain a safe and orderly flow of traffic within the parking lot and
shall be approved by the Andover Review Committee.
F. Location: All accessory off street parking facilities required by this title
shall be located and restricted as follows:
1. Required accessory off street parking shall be on the same lot and
under the same ownership as the principal use being served.
2. Head -in parking, directly off of and adjacent to a public street, with each
stall having its own direct access to the public street, shall be prohibited,
except for single-family, two-family, townhouse and quadraminium
dwellings.
3. In business districts, there shall be no off-street parking within twenty
feet (20') of any street surface.
4. On nonresidential parcels, the boulevard portion of the street right-of-
way shall not be used for parking.
5. In all classes of business, industrial or multi -family residential districts,
required off street parking and all other uses shall not be provided in the
following setback areas:
a. Front yard: Twenty feet (20').
b. Side yard: Ten feet (10') (at least 20 feet if abutting existing or
future right-of-way or if abutting a residential district).
c. Rear yard: Ten feet (10').
The requirements of Subsections F5a, 175b and F5c of this section may be
deleted if, in the City Engineer's opinion, a parking lot is an integral part of
a parking lot on an adjoining parcel of property.
6. In the case of single-family, two-family, townhouse and quadraminium
dwellings, parking shall be prohibited in any portion of the property
between the public right-of-way and rear of the principal structure except
designated driveways leading directly into a garage and one open,
surfaced space located contiguous to the side of a driveway, away from
the principal use. Said extra space shall be surfaced as provided in
Subsection E6 of this section. (Amended Ord. 8, 10/21/1970; Amended
5/19/20; Ord. 506)
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 Parking Spaces Required
Auto repair, major bus terminal, taxi
terminal, boats and marine sales and
repair, bottling company, shop for a
trade employing 6 or less people,
garden supply store, building material
sales in structure
Bowling alley
Car wash (in addition to required
stacking spaces):
Automatic drive through,
serviced
2. Self-service
3. Motor fuel station car wash
Community centers, physical culture
studios, libraries, private clubs,
lodges, museums, art galleries
8 spaces, plus 1 additional space for
each 800 square feet of floor area
over 1,000 square feet
5 spaces for each alley, plus
additional spaces as may be required
herein for related uses contained
within the principal use
10 spaces, or 1 space for each
employee on the maximum shift,
whichever is greater
A minimum of 2 spaces
0 in addition to that required for the
station
10 spaces, plus 1 additional space for
each 150 square feet of floor area in
excess of 2,000 square feet in the
principal structure
Religious Institution, theater..
auditorium
Drive in establishment and
convenience food
Elderly (senior citizen) housing
Golf driving range, miniature golf,
archery range
Hospitals
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
1 space for each 150 square feet of
gross floor area, but not less than 15
spaces
Reservation of area equal to 1 space
per unit. Initial development is,
however, required only''/2 space per
unit, and said number of spaces can
continue until such time as the City
Council considers a need for
additional parking spaces has been
demonstrated
10 spaces, plus 1 additional space for
each 100 square feet of floor area
2 spaces per bed
Manufacturing, fabricating or 1 space for each 350 square feet of
processing of a product or material floor area, plus 1 additional space for
each company owned truck (if not
stored inside principal building)
Motels, motor hotels, hotels 1 space per rental unit, plus 1 space
for each 10 units and 1 additional
space for each employee on any shift
Motor fuel station 4 spaces, plus 2 additional spaces for
each service stall. Those facilities
designed for sale of items other than
strictly automobile products, parts or
service shall be required to provide
additional parking in compliance with
other applicable sections of this title
New and Used Vehicle Sales Employee Parking: 3 stalls plus 1 stall
per 400 square feet of gross floor area
Office buildings; professional offices
and clinics
1. Office buildings and professional
Offices
(GFA) beyond the first 1,000 GFA.
Customer Parking: 5 stalls plus 5
stalls per acre above the first acre.
(Amended Ord. 324, 4-4-2006)
1 space for each 250 square feet of
floor area or fraction thereof, but not
less than 3 spaces per lot design
2. Clinics (including, but not limited to 1 space for each 150 square feet of
dental or medical offices, veterinary floor area or fraction thereof, but not
clinics and animal hospitals) less than 3 spaces per lot design
Sporting and health clubs
Residential, multiple -family dwellings
Residential, single-family, two-family,
townhouse and quadraminium units
Restaurants, cafes, private clubs
serving food and/or drinks, bars, on
sale nightclubs
Retail sales and service business with
50 percent or more of gross floor area
devoted to storage, warehouses
and/or industry
1 space per 100 square feet of
building area, plus 6 spaces per
tennis/racquetball or other type of
court
2 spaces per unit, at least 1 of which
spaces shall be in an enclosed
garage, plus'/2 space per unit for
visitors' parking
2 spaces per unit, in addition to
required garage
1 stall for every 2.5 seats.
8 spaces or 1 space for each 200
square feet devoted to public sales or
service, plus 1 additional space for
each 500 square feet of storage area;
or at least 8 spaces or 1 additional
space for each employee on the
maximum shift, whichever is greater
Retail store and service establishment 1 space for each 200 square feet of
floor area
Sanitarium, convalescent home, rest
home, nursing home or day nursery
4 spaces, plus 1 space for each 3
beds for which accommodations are
offered
School, elementary and junior high
School, high school through college
and private and day or religious
institution schools
1 space for each classroom, plus 1
additional space for each 50 -student
capacity
At least 1 space for each 7 students
based on maximum design capacity,
plus 1 additional space for each 3
classrooms
Shopping centers:
1. Basic requirement:
a. Small centers — 400,000 square 4 spaces per 1,000 square feet of
feet or less of gross leasable floor GLA or portion thereof
area (GLA)
b. Medium centers —greater than 4.5 spaces per 1,000 square feet of
400,000 square feet up to and GLA or portion thereof
including 600,000 square feet of GLA
c. Large centers —greater than
600,000 square feet of GLA
2. Shopping centers with cinemas:
5 spaces per 1,000 square feet of
GLA or portion thereof
a. Centers having up to and including Add 3 additional spaces for each 100
200,000 square feet of GLA areas or fraction thereof to the basic
requirements
b. Centers having greater than Add to the basic requirements 3
200,000 square feet of GLA spaces for each 100 cinema seats or
additional fraction thereof above 750
Skating rink (private), dance hall, or
public auction house
Warehousing, storage or handling of
bulk goods
20 spaces, plus 1 additional space for
each 200 square feet of floor space
over 2,000 square feet
That space which is solely used as
office shall comply with the office use
requirements and 1 additional space
for each 2,000 square feet of floor
area or fraction thereof, plus 1
additional space for each employee
on maximum shift and 1 additional
space for each company owned truck
(if not stored inside principal building)
Undertaking establishments 20 spaces for each chapel or parlor,
plus 1 additional space for each
funeral vehicle maintained on the
premises. Aisle spacing shall also be
provided off the street for making up a
funeral procession
Other uses Other uses not specifically mentioned
herein shall be determined on an
individual basis by the City Council.
Factors to be considered in such
determination shall include (without
limitation) size of building, type of use,
number of employees, expected
volume and turnover of customer
traffic and expected frequency and
number of delivery or service vehicles
Reduced parking facilities
When demonstrated to the satisfaction
of the City Council that up to 10
percent of the number of parking
spaces required by this title would not
be needed for the particular use in
question, a reduced number of
parking spaces may be approved
subject to the following:
1. The application for reduction shall
be accompanied by supporting data
specifically applying to the particular
use in question or showing a lesser
national standard.
2. The applicant must also provide
each of the following:
a. A detailed parking plan
demonstrating that the parking
otherwise required by this title can be
provided on the site within ordinance
design standards; and
b. A covenant in recordable form,
approved as to form and content by
the city attorney, executed by all
property owners, which covenant
provides that the owners, heirs,
successors and assigns will not use
the area identified for expansion
parking for any use except
landscaping or to cause compliance
with the off-street parking
requirements of this title.
c. The city may order installation of
previously excepted parking spaces at
any time when, in the city's judgment,
conditions indicate the need for such
parking, and the property owner shall
comply with said order. (Amended
Ord. 8,10-21-1970; amd. 2003 code)
12-14-9: OFF-STREET LOADING AND UNLOADING AREAS:
A. General Provisions:
1. Use Restrictions: Any space allocated as a loading berth or
maneuvering area so as to comply with the terms of this title shall not be
used for the storage of goods, inoperable vehicles or be included as a part
of the space requirements necessary to meet the off-street parking area.
2. Berths Required During Building Construction: In connection with any
structure which is to be erected or substantially altered and which requires
the receipt or distribution of materials or merchandise by trucks or similar
vehicles, there shall be provided off street loading space.
3. Hours of Loading and Unloading: Where noise from loading or
unloading activity is audible in a residential district in excess the noise
levels in City Code 5-6-4, the activity shall terminate between the hours of
ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. (Amended Ord.
427, 7-16-13)
B. Location: All required loading berths shall be off street and shall be
located on the same lot as the building or use to be served. A loading
berth shall not be located less than twenty-five feet (25') from the
intersection of two (2) street rights-of-way nor less than fifty feet (50') from
a residential district unless within a building. Loading berths shall not
occupy the required front yard space.
C. Design Standards:
1. Size: Unless otherwise specified in this title, a required loading berth
N
shall be not less than twelve feet (12') in width, twenty-five feet (25') in
length, unless stated as fifty-five feet (55'), and fourteen feet (14') in
height, exclusive of aisle and maneuvering space.
2. Access: Each required loading berth shall be located with appropriate
means of vehicular access to a street or public alley in a manner which will
least interfere with traffic.
3. Surfacing: All loading berths and accessways shall be improved with a
durable material to control the dust and drainage according to a plan
approved by the City Engineer. (Amended Ord. 8, 10-21-1970)
Number Of Loading Berths:
Type Of Use
1. Nonresidential uses:
a. 5,000 square feet space or
more net included as part of
subsection D2 or D3 of this section
(1) 4,000 to 20,000 square feet
floor area
(2) Each additional
10,000 square feet of
floor area or fraction
thereof above 20,000
square feet
Loading Berths Required
1 berth
1 additional berth
2. Retail sales, offices, public 1 loading berth
administration buildings, hospitals,
schools, hotels, and similar uses: for
such a building having 5,000 to 10,000
square feet of floor area
3. Manufacturing, fabrication, processing
and warehousing:
a. Buildings having 2,000 to
15,000 square feet
b. Buildings having 15,001 to
30,000 square feet
c. Buildings having over 30,000
1 berth
1 berth, plus one 55 -foot
berth
1 berth 55 feet in length for
square feet each 50,000 additional
square feet, plus 1 berth 25
feet in length for each
100,000 square feet.
(Amended Ord. 8,10-21-
1970; amd. 2003 Code)
12-14-10: TRAFFIC CONTROL:
A. The traffic generated by any use shall be channelized and controlled in a
manner that it will minimize:
1. Congestion on the public streets;
2. Traffic hazards; and
3. Excessive traffic through residential areas, particularly truck traffic.
B. Internal traffic shall be so regulated as to ensure its safe and orderly
flow. Traffic into and out of business and industrial areas and all traffic
from residential lots adjacent to a thoroughfare shall in all cases be
forward moving with no backing into streets.
C. On corner lots (including rural areas), nothing shall be placed or allowed to
grow in such a manner as materially to impede vision between a height of
two and one-half feet (2 1/2') and ten feet (10') above the centerline
grades of the intersecting streets within fifteen feet (15') of the intersecting
street right-of-way lines. This restriction shall also apply to the planting of
crops and to yard grades that result in elevations that impede vision within
fifteen feet (15') of any intersecting street right-of-way lines. (Amended
Ord. 8, 10-21-1970)
12-14-11: DRAINAGE: No land shall be developed, and no use shall be
permitted that results in water runoff causing flooding, erosion, or deposit of
minerals on adjacent properties. Such runoff shall be properly channeled into a
storm drain, watercourse, ponding area, or other public facilities. Any change in
grade affecting water runoff onto adjacent property must be as approved by the
City Council. (Amended Ord. 8, 10-21-1970)
12-14-12: GUESTHOUSES:
A. Guesthouses, for purpose of this title, shall be an accessory building
detached from the principal building where accommodations for sleeping
are provided but no kitchen facilities are provided, and is not considered
a separate dwelling unit. The intended use is for persons visiting the
1 See also subsection 12-4-5D of this title.
occupants of the principal building and shall not be
used as a rental property. (Amd. 4/18/06, Ord. 325A)
B. Guesthouses shall be permitted in all single-family residential districts,
shall be located the required depth of the rear yard or more from the
principal building, and shall conform to the side yard requirements for
the principal building. (Amended Ord. 8, 10-21-1970)
12-14-13: DWELLING UNITS OF EMPLOYEES ON PREMISES IN
RESIDENTIAL DISTRICTS:
A. Accessory Uses and Structures: The dwelling units of employees on
premises in residential districts, for purposes of this title, shall be an
accessory use, and if located within a separate structure, such structure
shall be an accessory structure.
B. Compliance with District Provisions: Dwelling units shall conform
to the provisions applicable to the district in which located except
as herein modified.
C. Location:
1. Detached dwelling units shall be a distance from the principal structure
equal to the sum of the required rear yard and one-half (1/2) the required
front yard for the principal structure.
2. Detached dwellings shall not be located less than the required side yard
for the principal building to any lot line.
D. Parking Lot Required: All dwelling units shall have a designated
off-street parking lot. (Amended Ord. 8, 10-21-1970)
12-14-14: DWELLING UNITS IN COMMERCIAL AND INDUSTRIAL
DISTRICTS:
A. Accessory Use; Compliance with District Provisions: Dwelling units for
the watchman and family shall be considered as accessory uses and
shall conform to all applicable regulations for the district in which
located except as herein modified.
B. Restrictions And Requirements:
1. A dwelling unit in the commercial district located in a commercial
structure shall not occupy the front half of the ground floor or basement.
2. A dwelling unit in a commercial or industrial building shall not contain
more than one bedroom.
3. No detached dwelling unit shall be permitted in the commercial or
industrial districts.
4. A dwelling unit which is a part of the principal building shall be provided
with one outside entrance. (Amended Ord. 8, 10-21-1970)
12-14-15: VISUAL STANDARDS:
A. Policy: It is hereby affirmed as essential public policy that the appearance
of this community is a proper matter for public concern and that all open
spaces, buildings, signs, plantings, surfaces, and structures which may be
seen from the public ways and water bodies are subject to the provisions
of this title.
B. Prohibited Exteriors:
On any non-residential building, the following material shall not be
permitted on exterior wall surfaces:
a. Aluminum, steel and metal, except as an accent material;
b. Common or painted concrete blocks;
c. Metal;
d. Galvanized steel (see subsection 12-14-17-F of this chapter);
e. Structural clay tile;
f. Sheet metal, either corrugated or plain (see subsection 12-14-
17-F of this chapter);
g. Similar materials.
2. Such materials, however, may be used as an accent material to
complement the architectural design and appeal of the building as
determined by the Andover Review Committee. The applicant shall
have the opportunity for the City Council to review architectural plans
and make a final determination of the materials and design. (Amended
Ord. 314 10-4-2005)
12-14-16: COIN OPERATED MACHINES: Coin operated, automatic
machines dispensing food, soft drinks, and other food and materials shall be
governed as follows:
A. Shall not be permitted in residential districts except as approved by
Conditional Use Permit as an accessory use within buildings housing
the principal use, and if residential, it shall contain four (4) or more
families.
B. Shall be permitted as an accessory use to recreation uses in general
recreation districts, provided they are within a building, under a
canopy, or otherwise protected from the elements; in no instance shall
they be located within any required yards.
C. Shall be permitted accessory uses in all business and industrial districts,
provided they are within a building or located outside the building
immediately adjacent to said building and protected from the elements
by an eave, canopy, or other permitted structure. (Amended Ord. 8, 10-
21-1970; amd. 2003 Code)
12-14-17: 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 (Amended Ord. 468, 6-6-17):
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.
1 See also title 9, chapter 1 of this code.
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
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)
H. On attached single-family dwellings, such structures shall not exceed two
(2) stories in height, excluding the basement.
12-14-18: INTERIM PERFORMANCE STANDARDS:
A. Purpose: Interim performance standards are intended to establish an
alternative level of site improvements for properties located in the rural
industrial area generally referred to as the Hughs/Westview industrial park
area. The City acknowledges that the lack of municipal utilities limits the
development potential of these properties. These performance standards
are intended to allow continued use, expansion and redevelopment with a
level of site improvements that is commensurate with the development
potential of the properties.
B. Applicability and Scope: This section shall apply to any expansion of use
requiring a conditional use permit or commercial site plan on all properties
generally described as the Hughs/Westview industrial park area and
legally described as the southwest quarter of the northwest quarter of
Section 16, Township 32, Range 24, Anoka County, Minnesota and the
west half of the west half of the southeast quarter of the northwest quarter
of section 16, Township 32, Range 24, Anoka County, Minnesota.
C. Procedure: Applications shall be processed under the Interim Use Permit
procedures described in City Code 12-15-8 except as follows (Amended
5/19/20, Ord. 505):
1. Application: The property owner or designee shall submit a complete
application to the Community Development Department. A complete
application consists of the following:
a. A completed Interim Use Permit form and fee as described in
City Code 1-7-3 (Amended 5/19/20, Ord. 505)
b. A site plan that describes all of the existing and proposed site
improvements, including the dimensions of the property, buildings,
parking, landscaping and storage areas and distances from
property lines.
c. A letter describing the existing use of the property, the proposed
use of the property and all of the proposed site improvements.
d. Other information deemed necessary by staff to review the
request.
2. Council Determination: The City Council shall approve or deny the
application based on the factors established in this section. The City
Council may attach such conditions as they determine necessary to
provide the appropriate level of site and building improvements to
accomplish the purpose of this section. The level of required
improvements shall be determined on a case-by-case basis. Applications
shall be reviewed based on the following factors:
a. Existing appearance of the building and site;
b. Compatibility of the proposed site development plan with the
other industrial properties in the area;
c. Effect of the proposed use and the proposed site development
plan on the adjacent residential neighborhood, including traffic,
noise, glare, buffers, and environmental impacts;
D. Deviations to the performance standards will be considered in the
following areas:
1. Parking and Impervious Surface Areas:
a. Screening, landscaping, visual appeal, and lighting of parking lot
areas.
b. Paving of parking areas for customers.
c. Dust control measures for unpaved parking and storage areas.
2. The amount, type, location, and screening of exterior storage requested
as a part of any Interim Use Permit (Amended 5/19/20, Ord. 505).
3. Screening of mechanical equipment and trash bins/dumpsters.
4. Other factors related to the new development proposal, as the City
Council may deem relevant.
E. Term of Approval: Interim performance standards approved under this
section shall not be subject to the five-year maximum term as noted in City
Code Section 12-15-8 (E) (1), and may continue until City sewer and
water are extended into the area affected by this section. At that time, any
future expansion or redevelopment of the affected properties shall be
required to fully conform to the regular performance standards of City
Code 12-14. (Amended 5/19/20, Ord. 505)
F. Other Requirements: Proposed improvements or changes in use will be
reviewed by the Building Official and Fire Chief. They will make a
determination of whether or not the building(s) on the site need to be
brought into compliance with applicable building and fire codes. Site
improvements must also be made to meet the requirements of the
National Pollutant Discharge Elimination System (NPDES). No portion of
this section shall be used to vary from these requirements. (Amended
9/18/07; Ord. 353)
CHAPTER15
ADMINISTRATION AND ENFORCEMENT
SECTION:
12-15-1:
Administration and Enforcement Official
12-15-2:
Application Fees
12-15-3:
Public Hearing Process
12-15-4:
Commercial Site Plan Review
12-15-5:
Amendments
12-15-6:
Rezoning
12-15-7:
Conditional Uses
12-15-8:
Interim Uses
12-15-9:
Variances
12-15-10:
Board of Adjustments and Appeals Established
12-15-11:
Violation; Penalties
12-15-1: ADMINISTRATION AND ENFORCEMENT OFFICIAL: This title
shall be administered by the Community Development Director who shall be
appointed by the City Council. The City Planner may institute, in the name of the
city, any appropriate actions or proceedings against a violator as provided by
law. (Amended Ord. 8,10-21-1970; amd. 2003 Code)
12-15-2: APPLICATION FEES: Application fees for items listed on the Fee
Schedule, as set out in Subsections 12-14-5A1, 12-14-6C1 and 12-14-761 of this
chapter, may be changed from time to time as set forth by ordinance'. (Amended
Ord. 8,10-21-1970; amd. 2003 Code) (Amended Ord. 314,10-4-2005)
12-15-3: PUBLIC HEARING PROCESS:
A. Council Actions Requiring a Public Hearing: The following Council actions
shall require a public hearing:
1. Variance
2. Conditional Use Permit (CUP)
3. Rezoning and Text Amendment
4. Sketch Plan
5. Preliminary Plat
6. Comprehensive Plan Amendment
7. Interim Use Permits (Amended Ord. 436, 4-15-2014)
B. Public Hearing
1. A public hearing on an application for Council actions in this
1 See subsection 1-7-3H of this code.
chapter shall be held by the Planning Commission in
accordance with the Minnesota State Statutes.
2. A notice of the time, place, and purpose of the hearing shall be
published in the official newspaper of the city ten (10) days prior
to the day of the hearing.
3. Property owners and occupants within three hundred fifty feet
(350') of subject properties located inside the Municipal Urban
Service Area (MUSA) (based on the City's most current version
of Anoka County Property Records) shall be notified in writing.
4. Property owners and occupants within seven hundred feet
(700') of subject properties located outside the MUSA (based on
the City's most current version of Anoka County Property
Records) shall be notified in writing.
5. The notification distance shall be measured from the perimeter
of the subject property. Property owner notifications shall be
sent by mail. Failure by any property owner or occupant to
receive such notice shall not invalidate the proceedings.
6. Staff shall have discretion to expand the notification area on a
case-by-case basis.
7. The hearing may be continued from time to time in the event the
Planning and Zoning Commission needs additional information
from the applicant or other sources to make its decision.
8. The Planning Commission recommendation shall be presented
to the City Council
9. The City Council shall make the final decision on the proposed
action (Amended Ord. 342, 3-6-07)
12-15-4: COMMERCIAL SITE PLAN REVIEW:
A. Purpose: Commercial Site Plan Review is necessary to protect the public
health, safety and general welfare as well as to promote orderly
development and prevent adverse impacts on the surrounding community.
B. Applicability: All non-residential development proposals shall be required
to complete the commercial site plan review process before a building
permit can be issued.
C. Additional Approval Required: All development proposals that require
additional approvals such as a Conditional Use Permit, Variance or
approval from another agency or organization shall obtain these approvals
prior to application for commercial site plan review.
D. Application: A completed commercial site plan application and fee as
established in City Code 1-7-3 shall be submitted to the Community
Development Department.
E. Required Materials: The application and fee shall be accompanied by the
required application materials as specified on the commercial site plan
application.
F. Completeness Determination: The Community Development Department
shall review the application and materials for completeness. If the
application is incomplete, staff will issue a letter detailing the deficiencies
of the submittal. No further action will be taken until the submittal is
complete.
G. Review: Complete applications shall be reviewed by the Andover Review
Committee (ARC) for compliance with applicable regulations. ARC shall
provide review comments to the applicant within two weeks of receipt of a
complete application.
H. Revision: The applicant shall make all necessary revisions to comply with
the review comments of ARC and all applicable regulations. The applicant
shall then resubmit the commercial site plan to the City. The applicant
shall also be required to respond in writing to each review comment to
describe how the comment was addressed on the commercial site plan.
Continuation to Compliance: The review and revision process described
above shall continue until ARC finds the commercial site plan in
compliance with all applicable regulations and all other approvals have
been granted.
J. Approval: Once the proposal has been found to be in compliance with
ARC comments, applicable regulations and all other required approvals
have been granted, the applicant shall provide two complete full size and
two complete half size plan sets to the City to be signed. A signed plan
set shall be returned to the applicant. A signed plan set shall be retained
by the City. No building permit shall be issued prior to approval of the
commercial site plan.
K. Appeal: Any person aggrieved by a decision of ARC shall be entitled to
appeal to the City Council within thirty (30) days of the decision by filing a
notice of appeal. The Community Development Department shall schedule
a date for hearing before the City Council and notify the aggrieved person
of the date. The decision of ARC shall not be voided by the filing of such
appeal. Only after the City Council has held its hearing will the decision of
ARC be affected.
L. Revisions and Amendments: Administrative approval of minor changes to
an approved commercial site plan may be authorized by the Community
Development Department upon review and approval by ARC. Proposed
changes that involve expansion in the use of the property or other
substantial modifications to the approved commercial site plan shall follow
the procedures described in this section.
M. Financial Guarantee: All improvements of the approved commercial site
plan should be completed before a Certificate of Occupancy is issued. If
in the determination of the Building Official and Fire Chief a building meets
the requirements for occupancy and site improvements are substantially
completed a Certificate of Occupancy may be issued upon receipt of a
cash escrow or letter of credit to guarantee all remaining site
improvements will be completed. The amount of the cash escrow shall be
determined by the Community Development Department.
N. Inspection: The site shall be inspected as necessary to verify completion
of all work on the approved commercial site plan. No financial guarantee
shall be refunded until a site inspection has been completed and the work
for which the guarantee was held is completed as approved on the
commercial site plan. (Amended Ord. 314,10-4-2005)
12-15-5: AMENDMENTS:
A. In accordance with the provisions of Minnesota statutes, the governing
body may, from time to time, adopt amendments. Amendments to the text
may be initiated by the City Council, Planning and Zoning Commission,
property owner, or resident. Staff shall review all proposed amendments
and make recommendations to the Planning Commission. All proposed
amendments shall be referred to the Planning and Zoning Commission
prior to adoption, and the Planning and Zoning Commission shall hold a
public hearing on the proposed amendment. The public hearing shall be
held in accordance with Chapter 12-15-3. Fees shall be charged
according to the most current fee schedule. The final decisions regarding
amendments shall rest with the City Council. (Amended Ord. 8, 10-21-
1970, Amended Ord. 314 10-4-2005)
B. Relation to Comprehensive Plan: It is the policy of the City of Andover
that the enforcement, amendment, and administration of this Chapter be
accomplished consistent with the recommendations contained in the City
Comprehensive Plan, as developed and amended from time to time by the
Planning Commission and City Council. The Council recognizes the City
Comprehensive Plan as the official policy for the regulation on land use
and development in accordance with the policies and purpose herein set
forth. In accordance with Minnesota Statutes Chapter 473, the City will
not approve any rezoning or other changes in these regulations that are
inconsistent with the City Comprehensive Plan. Proposed changes to the
City Comprehensive Plan shall have a public hearing per the process in
Chapter 12-15-3. (Amended Ord. 314 10-4-2005)
12-15-6: REZONING:
A. Procedure: The procedure for changing zoning district boundaries
(rezoning) shall be as follows:
1. Initiation of Rezoning: The Planning and Zoning Commission, the City
Council, or a property owner or designee may initiate a rezoning. Persons
wishing to initiate a rezoning of property shall fill out a rezoning request
form. The rezoning form shall be accompanied by a fee as set forth by
ordinancelto be used for the costs of processing the application. The
rezoning form shall be filed with the Community Development Director. An
additional fee as set by ordinance may be required for each meeting in
excess of two (2) that is necessary because of incomplete information or
changes in the application. (Amended Ord. 8, 10-21-1970; amd. 2003
Code, Amended Ord. 314 10-4-2005)
2. A public hearing shall be held in accordance with section 12-14-8.
(Amended Ord. 314 10-4-2005)
3. City Council Action: After a completed application has been submitted,
the City Council shall follow the deadline for response to a rezoning
application as outlined in State Statute 15.99. (Amended Ord. 314 10-4-
2005)
4. Reapplication After Denial: No application for rezoning that has been
denied wholly or in part shall be resubmitted for a period of one year from
the date of said order of denial. (Amended Ord. 314 10-4-2005)
B. Certain Zoning Changes; Input from Adjacent Community:
Any zoning district change on land adjacent to or across a public right-of-
way from an adjoining community shall be referred to the adjacent
community for review and comment prior to action by the governing body
granting or denying the zoning district classification change. A period of at
least thirty (30) days shall be provided for receipt of comments. Such
comments shall be considered as advisory only. (Amended Ord. 8, 10-21-
1970)
12-15-7: CONDITIONAL USES:
A. General Provisions:
1. Conditional Use Permits may be granted or denied in any district by
action of the City Council.
2. The Community Development Director shall maintain a record of all
Conditional Use Permits issued including information on the use,
locations, conditions imposed by the City Council, time limits, review
dates, and such other information as may be appropriate. A copy of the
Conditional Use Permit shall also be filed with the Building Official.
(Amended Ord. 8, 10-21-1970; amd. 2003 Code)
3. Any change involving structural alteration, enlargement, intensification
of use, or similar change not specifically permitted by the Conditional Use
Permit shall require an amended Conditional Use Permit, and all
procedures shall apply as if a new permit were being issued.
4. All uses existing at the time of adoption of this title (October 21, 1970)
shall be considered as having a Conditional Use Permit which contains
conditions which permit any land use and structures as they existed on
said date, and any enlargements, structural alterations, or intensification of
use shall be required to amend their Conditional Use Permit through the
process provided in this section. (Amended Ord. 314 10-4-2005)
B. Criteria For Granting Conditional Use Permits:
1. In granting a Conditional Use Permit, the City Council shall consider the
advice and recommendation of the Planning and Zoning Commission and:
a. The effect of the proposed use upon the health, safety, morals
and general welfare of occupants of surrounding lands.
b. Existing and anticipated traffic conditions, including parking
facilities on adjacent streets and land.
c. The effect on values of property and scenic views in the
surrounding area, and the effect of the proposed use on the
Comprehensive Plan.
2. If it shall determine by resolution that the proposed use will not be
detrimental to the health, safety, morals, or general welfare of the
community, nor will cause serious traffic congestion or hazards, nor will
seriously depreciate surrounding property values, and that said use is in
harmony with the general purpose and intent of this title and the
Comprehensive Plan, the City Council may grant such permits.
(Amended Ord. 8,10-21-1970)
C. Procedure:
1. Request for Conditional Use; Fee: The person applying for a
Conditional Use Permit shall fill out and submit to the Community
Development Director a request for Conditional Use Permit form together
with a fee as set forth by ordinance. An additional fee as set forth by
ordinance may be required for each meeting in excess of two (2), which is
necessary because of incomplete information or changes in the petition.
The Community Development Director shall refer the application to the
Planning and Zoning Commission. (Amended Ord. 8,10-21-1970; amd.
2003 Code)
2. A public hearing shall be held in accordance with section 12-15-3.
(Amended Ord. 314 10-4-2005)
3. City Council Action: After a completed application has been submitted,
the City Council shall follow the deadline for response as outlined in State
Statute 15.99. (Amended Ord. 314, 10-4-2005)
4. Amended Application: An Amended Conditional Use Permit application
shall be administered in a manner similar to that required for a new
conditional use permit; and the fee shall be as set forth by ordinance'.
Amended conditional use permits shall include reapplications for permits
that have been denied, requests for changes in conditions, and as
otherwise described in this title. (Amended Ord. 8, 10-21-1970; amd. 2003
Code)
5. Reapplication After Denial: No application for a Conditional Use Permit
shall be resubmitted for a period of one year from the date of said order of
denial.
6. Hearing May Be Held: When a Conditional Use Permit may be of
general interest to the community or to more than the adjoining owners,
the Planning and Zoning Commission may hold a public hearing, and the
Conditional Use Permit shall be reviewed with notice of said hearing
published at least ten (10) days prior to the hearing. (Amended Ord. 314,
10-4-2005)
D. Time Limit on Implementing Conditional Use: If the City Council
determines that no significant progress has been made in the first twelve
(12) months after the approval of the Conditional Use Permit, the permit
will be null and void. (Amended Ord. 8,10-21-1970)
12-15-8: INTERIM USE PERMITS:
A. Purpose: Certain land uses might not be consistent with the land uses
designated in the Comprehensive Land Use Plan and they might also fail
to meet all of the zoning standards established for the district within which
they are proposed. Some such land uses may, however, be acceptable or
1 See subsection 1-7-3H of this code.
even beneficial if reviewed and provisionally approved for a limited period
of time. The purpose of the interim use review process is to allow the
approval of interim uses on a case-by-case basis. Approved interim uses
shall have a definite end date and may be subject to specific conditions
considered reasonable and/or necessary for the protection of the public
health, safety and general welfare.
B. Application/Fee: The person applying for an Interim Use Permit shall fill
out and submit to the Community Development Director a request for
Interim Use Permit form together with a fee as set forth by ordinance. The
Community Development Director shall have ten (10) working days from
receipt of the application to determine completeness. The Community
Development Director shall refer completed applications to the Planning
and Zoning Commission.
C. Procedures: The public hearing, public notice and procedural
requirements for interim use permits shall be as provided in 12-14-8. The
City Council shall act upon the interim use permit within sixty (60) days
from the date of submission of a complete application unless an extension
has been provided pursuant to Minnesota Statutes 15.99. Approval of a
request shall require a four-fifths (4/5) vote of the entire City Council.
D. Standards: The Planning Commission shall recommend an interim use
permit and the Council shall issue such interim use permit only if it finds
that such use at the proposed location:
Will not create an excess burden on parks, streets, and other public
facilities;
2. Will not be injurious to the surrounding neighborhood or otherwise
harm the public health, safety, and general welfare;
Will not have a negative effect on values of property and scenic
views;
4. Will not impose additional unreasonable costs on the public;
5. Will be subjected to, by agreement with the owner, any conditions
that the City Council has deemed appropriate for permission of the
use, including a condition that the owner may be required to
provide an appropriate financial surety to cover the cost of
removing the interim use and any interim structures upon the
expiration of the interim use permit.
E. Termination: An interim use permit shall terminate upon the occurrence of
any of the following events as determined by the City Council:
Five (5) years from the date of approval; or
The date or event stated in the permit; or
An amendment to the City Code that either no longer allows the
interim use or now permits the interim use; or
4. The use has been discontinued for six months or longer.
F. Revocation: The City Council may revoke any interim use permit for
cause upon determination that the authorized interim use is not in
conformance with the conditions of the permit or is in continued violation
of the City Code or other applicable regulations.
G. Renewals: If an approved interim use is to be continued beyond the date
of its expiration or if an expired interim use is to be reinstated, an applicant
shall follow the above process for seeking a new interim use approval.
H. Reapplication after Denial. No previously denied application for an Interim
Use Permit may be considered by City Council for a period of one year
from the date of its denial. (Amended Ord. 436, 4-15-2014)
12-15-9: VARIANCES:
A. Variances Authorized: The City Council, as authorized by Minn. Stat.
462.354 subdivision 2, and Minn. Stat. 462.357, subdivision 6, shall have
the authority to hear requests for variances from the requirements of the
zoning ordinance and other sections of the City Code where variances
are authorized, including restrictions placed on nonconformities.
(Amended Ord. 407, 6-21-11)
B. Review Criteria:
1. Variances shall only be permitted when they are in harmony with the
general purposes and intent of the official control and when the variances
are consistent with the comprehensive plan. (Amended Ord. 407, 6-21-11)
2. Variances may be granted when the applicant for the variance
establishes that there are practical difficulties in complying with the official
control. "Practical difficulties," as used in connection with the granting
of a variance, means:
a. The property owner proposes to use the property in a
reasonable manner not permitted by an official control;
b. The plight of the landowner is due to circumstances unique to
the property not created by the landowner;
c. The variance, if granted, will not alter the essential character of
the locality;
d. Economic considerations alone do not constitute practical
difficulties. (Amended Ord. 407, 6-21-11)
C. Conditions Authorized: The City Council may impose conditions in the
granting of variances. A condition must be directly related to and must
bear a rough proportionality to the impact created by the variance.
(Amended Ord. 407, 6-21-11)
D. Specific Variances Authorized: No variance may be granted that would
allow any use that is not allowed in the zoning district in which the subject
property is located, except as follows: (Amended Ord. 407, 6-21-11)
1. Variances shall be granted for earth sheltered construction as defined
in Minn. Stat. 216C.06, subdivision 14, when in harmony with the official
controls. (Amended Ord. 407, 6-21-11)
2. Variances may be granted for the temporary use of a one family
dwelling as a two-family dwelling. (Amended Ord. 407, 6-21-11)
E. Procedure: The procedure for granting variances is as follows:
1. Request for Variance; Fee: A person desiring a variance shall fill out
and submit to the Community Development Director a request for variance
application form together with a fee asset forth by ordinance'. (Amended
Ord. 407, 6-21-11)
2. Planning and Zoning Commission Review: A public hearing shall be
held by the Planning and Zoning Commission as provided in City Code
12-14-8. The Planning Commission shall make a recommendation to the
City Council based upon the provisions of City Code 12-15-9. (Amended
Ord. 407, 6-21-11)
3. City Council Action: The City Council may grant the variance based
upon the provisions of City Code 12-15-9. (Amended Ord. 407, 6-21-11)
4. Appeals: The petitioner, if appealing an interpretation of this title by an
employee of the city which would require him/her to obtain a variance,
shall have the fee refunded if his/her appeal is upheld by the City Council.
5. Emergency Variance Requests: The City Council may waive Planning
and Zoning Commission review and take immediate action on emergency
variance requests that affect the immediate health, safety and welfare of
the citizens of Andover or if time constraints present severe hardship to
I See subsection 1-7-3 of this code.
the applicant. The applicant is required to show the immediacy of the
issue and the potential health, safety or welfare threat. The City Council
shall determine if the request warrants immediate review. (Amended Ord.
407, 6-21-11)
6. Time Limit on Implementing Variance: If the City Council determines
that no significant progress has been made in the first twelve (12) months
after the approval of the variance, the variance will be null and void.
(Amended Ord. 8, 10-21-1970)
12-15-10: BOARD OF ADJUSTMENTS AND APPEALS ESTABLISHED:
A. The City Council shall be the Board of Adjustment and Appeals as
provided by Minn. Stat. 462.354, subdivision 2, and shall have the powers
granted under Minn. Stat. Sections 462.357, subdivision 6, and Minn. Stat.
462.359, subdivision 4, as they may be amended from time to time.
(Amended Ord. 407, 6-21-11)
B. Appeals Authorized: A property owner or aggrieved person may appeal
any order, requirement, permit, decision or interpretation of the text of this
title, or any determination as to the location of the boundary of a zoning
district as shown on the zoning map, or any determination by the Zoning
Administrator or city employee administering zoning, building or related
controls. The City Council shall determine, in harmony with the general
purposes of this title and the Comprehensive Plan, by resolution, all
appeals. (Amended Ord. 407, 6-21-11)
C. Time for Filing Appeal: At any time within ninety (90) days after the
decision subject to appeal as provided in this section and Minn. Stat.
462.359, subdivision 4, except in connection with prosecutions for
violations thereof, the applicant or other person or officers of the city
affected thereby may appeal to the City Council by filing a written notice
stating the action appealed from and stating the specific grounds upon
which the appeal is made. (Amended Ord. 407, 6-21-11)
D. Hearings: A hearing on the matter may be conducted by the City
Council or be directed to be held by the Planning and Zoning
Commission, with a recommendation provided to the City Council.
The City Council shall rule on the appeal. (Amended Ord. 407, 6-21-
11)
E. Notice: Notice of the hearing before the Council shall be mailed to all
appellants. In all cases involving determination of district boundary lines or
interpretation of the text of this title, ten (10) days' published notice of
hearing in the official newspaper shall be given. (2003 Code; Amended
Ord. 407, 6-21-11)
12-15-11: VIOLATION; PENALTIES: Any person, firm, corporation, or
voluntary association which violates or refuses to comply with any of the
provisions of this title shall be guilty of a misdemeanor and, upon conviction
thereof, shall be punished as defined by State Law. Each day that a violation is
permitted to exist shall constitute a separate offense. (Amended Ord. 8, 10-21-
1970)
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
AN ORDINANCE REPEALING ANDOVER CITY CODE TITLE 12: ZONING REGULATIONS
CHAPTERS 1 THROUGH 16 AND REPLACED WITH TITLE 12: ZONING REGULATIONS
CHAPTERS 1 THROUGH 15
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 Repeal and
Replacement of this section was done to provide the most efficient means to establish new zoning districts and
requirements to make the City's Zoning Regulations align with the City's Comprehensive Plan. In addition,
the repeal and replacement also allowed the opportunity to clean up other areas of the Title 12. Other items
included in this repeal and replacement include: added, amended or deleted certain zoning definitions;
amended text for consistency with State Statute; removed two infrequently used zoning districts; adjusted the
setback and land use tables to accommodate the new zoning districts; amended the process for home
occupations and for constructing an accessory building prior to building a house from a Conditional Use Permit
(CUP) to an Interim Use Permit (IUP); amended some standards for home occupations including in-home
beauty salons/barber shops; removed some sections from Title 12 and moved them to Title 4; removed Chapter
11 on shoreland lots which was already addressed in another Title in City Code; and reformatted, moved and
renumbered chapters and sections to arrange them in a more logical manner.
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—day of April, 2022.
ATTEST: CITY OF ANDOVER
Michelle Harmer, Deputy City Clerk Sheri Bukkila, Mayor
NDOVE
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100
FAX (763) 755-8923 • WWW.ANDOVERMN.GOV
TO: Planning & Zoning Commissioners
CC: Joe Janish, Community Development Director
Peter Hellegers, City Planner
FROM: Jake Griffiths, Associate Planner
SUBJECT: Public Hearing: Consider Amendments to City Code 4-1-2: Public Nuisances
Enumerated and Summary Ordinance for Publication — City of Andover
(Applicant)
DATE: April 12, 2022
DISCUSSION
The proposed amendments to City Code 4-1-2: Public Nuisances Enumerated are part of the
larger update to the City Code reviewed as part of a previous agenda item. The updates to City
Code 4-1-2 relocate nuisance standards that were previously contained in the Title 12: Zoning
Regulations to Title 4: Public Health and Safety. The purpose of the proposed amendments is to
keep most of the City's nuisance standards in one place in the City Code rather than scattered
across multiple Titles.
The proposed amendments were previously reviewed by the Planning & Zoning Commission at
their January 25, 2022 workshop and by the City Council at their February 22, 2022 workshop
both of which were supportive of the proposed amendments. Please note that amendments to
Title 4: Public Health and Safety do not normally require a public hearing, however, a public
hearing is being held in this situation as the proposed amendments are part of a larger update to
the City Code.
ACTION REQUESTED
The Planning & Zoning Commission is requested to hold a public hearing on the proposed
amendments to the City Code and make a recommendation to the City Council. This amendment
is contingent upon approval of the larger update to the City Code reviewed as part of a previous
agenda item.
Respectfully submitted,
Jake Griffiths
Associate Planner
Attachments
Draft Resolution of Approval
Draft Summary Ordinance for Publication
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. XXX
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS AS
FOLLOWS:
AN AMENDMENT TO CITY CODE TITLE 4: PUBLIC HEALTH AND SAFETY,
CHAPTER 1: NUISANCES, SECTION 2: PUBLIC NUISANCES ENUMERATED.
4-1-2: PUBLIC NUISANCES ENUMERATED: Whoever, by his act or
failure to perform a legal duty, intentionally does any of the following, is guilty of
maintaining a public nuisance and may be ordered to abate the nuisance as
provided herein, charged with a misdemeanor, or both:
A. Dangerous Conditions: Maintains or permits a condition which
unreasonably annoys, injures, or endangers the safety, health,
morals, comfort or repose of any considerable number of members of
the public.
B. Obstructing Public Ways And Waterways: Interferes with, obstructs, or
renders dangerous for passage any public highway or right-of-way, or
waters used by the public.
C. Interference With Health Officials: Willfully opposes or obstructs a health
officer or physician charged with the enforcement of the health laws in
performing any legal duties.
D. Deposits Of Used Tires: Deposits or allows depositing of used or waste
tires upon public or private property which is not a tire recycling,
processing or receiving site approved by the city.
E. Accumulation of Debris: Maintains or permits the accumulation of
discarded or unused machinery, household appliances, automobile
bodies, lumber, wood trash, debris, or other material, or the rank growth of
vegetation among the items so accumulated, in a manner conducive to the
harboring of rats, mice, snakes, mosquitoes, vermin, or in any manner
creating fire, health, or safety hazards. (Amended Ord. 383, 6-2-09)
F. Junk Motor Vehicles: Parks, keeps, stores or accumulates junk motor
vehicles upon any private land or premises owned; occupied or controlled
by any person or legal entity unless authorized by this code or other
ordinance. No person shall park, keep or place any such vehicle upon
land not owned by such person. For purposes of this section, a junk
vehicle means any motor vehicle as defined in Minn. Stat. §169.011, subd.
42, part of a motor vehicle, or former motor vehicle stored in the open
which is (1) unusable or inoperable because of a lack of or defects in
component parts; (2) unusable or inoperable because of damage from
collision, deterioration, or otherwise; (3) beyond repair, and, therefore, not
intended for future use as a motor vehicle; (4) being retained on the
property for possible use of salvageable part; or (5) is not properly and
currently licensed for operation within the State of Minnesota. (Amended
Ord. 383, 6-2-09)
G. Dilapidated Structures: Maintains or permits the existence of any
structure or part of any structure which due to fire, wind, other natural
disaster, physical deterioration, or any other cause, is no longer habitable
as a dwelling or is no longer useful for any other purpose for which it may
have been intended. (Amended Ord. 383, 6-2-09)
H. Integrity of Dwelling Unit: All exterior elements of residential
dwelling units in the City shall be kept in a clean, sanitary and
structurally safe condition and in sound repair, including:
1. Stairways, porches, balconies, or decks;
2. Windows and Doors;
3. Soffit and Facia;
4. Roofs;
5. Siding, bricks, stone or stucco;
6. All other exterior elements not specifically listed.
Remodeling Projects: All residents undertaking remodeling
projects must keep all materials being used in the remodeling
project in a neat and orderly appearance and out of view from
adjoining property for the duration of the project.
All garbage and refuse shall be kept in proper storage containers (bins or
dumpsters) and regularly disposed of as set forth in Article 4, Chapter 2, of
the Andover City Code. (Amended Ord. 371, 5-20-2008; Amended Ord.
383, 6-2-09)
K. Radiation and Electrical Emissions: No activities shall be permitted that
emit dangerous radioactivity beyond enclosed areas. There shall be no
electrical disturbance (except from domestic household appliances)
adversely affecting the operation at any such point of any equipment other
than that of the creator of such disturbances.
Noise, odors, vibration, smoke, glare, air pollution, or dangerous wastes
shall be in compliance with and regulated by the State of Minnesota
Pollution Control Standards, the Minnesota Noise Pollution Control Rules,
and the Andover City Code.
MIS Other Conditions: Is guilty of any other act or omission declared by state
law or city ordinance to be a public nuisance. (Amended Ord. 72, 10-15-
1985; Amended Ord. 383, 6-2-09)
All other Titles, Chapters and Sections of the City Code shall remain as written
and adopted by the Andover City Council. Approval shall be contingent on the
adoption the updated City Code Title 12: Zoning Regulations. Adopted by the
City Council of the City of Andover this 19th day of April 2022.
ATTEST:
Michelle Hartner, City Clerk
CITY OF ANDOVER:
Sheri Bukkila, Mayor
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. XXX SUMMARY
AN AMENDMENT TO CITY CODE TITLE 4: PUBLIC HEALTH AND SAFETY, CHAPTER
l: NUISANCES, SECTION 2: PUBLIC NUISANCES ENUMERATED.
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 4-1-2: Public Nuisances Enumerated to
include regulations for nuisances such as noise, odors, vibration, smoke, glare, air pollution,
dangerous wastes, radiation, electrical emissions and similar type nuisances which were previously
located in the Title 12: Zoning Regulations of the City Code. Some regulations were modified to
address issues of clarity and consistency.
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 19th day of April 2022.
ATTEST: CITY OF ANDOVER
Michelle Harmer, Deputy City Clerk
Sheri Bukkila, Mayor
TT Y 0 F
)OVE 1 E
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100
FAX (763) 755-8923 • WWW.ANDOVERMN.GOV
TO: Planning & Zoning Commissioners a
CC: Joe Janish, Community Development Director r/
Peter Hellegers, City Planner
FROM: Jake Griffiths, Associate Planner
SUBJECT: Public Hearing: Consider Rezoning Request — Rezone Properties from GR:
General Recreation to R-4: Single Family Urban — Parcel ID Numbers 22-32-24-
43-0004, 22-32-24-43-0005, 22-32-24-43-0003, 22-32-24-43-0002 — City of
Andover (Applicant)
DATE: April 12, 2022
DISCUSSION
As part of the update to the Title 12: Zoning Regulations reviewed during a previous agenda
item, the GR: General Recreation zoning district was proposed to be eliminated. As a result, any
properties currently zoned GR: General Recreation will need to be rezoned to a new zoning
district that will exist after the update to the City Code is adopted.
At this time there are only four properties within the GR: General Recreation zoning district and
they comprise the area commonly referred to as "Sunshine Park". City staff is proposing to
rezone the subject properties to R-4: Single Family Urban as times and conditions will have
changed with the dissolution of the GR: General Recreation zoning district. The proposed zoning
of R-4: Single Family Urban will match the zoning of surrounding public properties such as City
Hall, the Andover/YMCA Community Center and Andover Elementary School. No change to
the use of Sunshine Park is proposed. On the zoning maps below the area will still be shown as
parkland even though the underlying zoning will have been changed.
Current Zoning Map Proposed Zoning Map
®ter®
s
1.
ACTION REQUESTED
The Planning & Zoning Commission is requested to hold a public hearing on the rezoning
request and make a recommendation to the City Council.
Respectfully submitted,
;;Jake Griffiths
Associate Planner
Attachments
Draft Resolution of Approval
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE XXX
AN ORDINANCE AMENDING CITY CODE TITLE 12-3-4, ZONING DISTRICT MAP OF
THE CITY OF ANDOVER.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS:
City Code 12-3-4, The Zoning District Map of the City of Andover is hereby amended as
follows:
1. The zoning designation of the following parcels is hereby amended from GR: General
Recreation to R-4: Single Family Urban:
Parcel A (PID#: 22-32-24-43-0004):
UNPLATTED GROW TWP TH PT OF SW1/4 OF SE1/4 OF SEC 22-32-24 TH IS
DESC AS FOL -COM ATTHE SW COR OF SAID SWI/4 OF SE1/4 & PROC TH N ON
THE W LINE THEREOF FOR A DIST OF 115 FT TO THE PT OF BEG HEREIN &
PROC TH E& PARA TO THE S LINE FOR A DIS OF 125 FT-PROC TH N & PARA
TO THESAID W LINE FOR A DIST OF 85 FT-PROC TH W & PARA TO SAID S
LINE TO AN INTERSECTION WITH SAID W LINE & PROC TH S ON SAID W
LINE TO THE POINT OF COMMENCEMENT.
Parcel B (PID#: 22-32-24-43-0005):
THAT PRT OF SW1/4 OF SEI/4 OF SEC 22 TWP 32 RGE 24 DESC AS FOL: BEG
AT SW COR OF SD 1/4 1/4, TH N ALG W LINE THEREOF 115 FT, TH E PRLL/W S
LINE OF SD 1/4 1/4 210 FT, TH S PRLL/W SD W LINE TO SD S LINE, TH W ALG
SD S LINE TO POB, EX RD, SUBJ TO EASE OF REC
Parcel C (PID# 22-32-24-43-0003):
UNPLATTED GROW TWP TH PT OF SW1/4 OF SE1/4 OF SEC 22-32-24 DES AS
FOL -COM AT THE SW COR OF SAID SWI/4 OF SE1/4-TH N ALONG THE W LINE
THEREOF 200 FT TO THE PT OF BEG-TH E & PARA WITH THE S LINE OF SAID
SWIA OFSE1/4 125 FT-TH S & PARA WITH THE W LINE OF SW1/4 OF SE1/4 85
FTTH E & PARA WITH THE S LINE OF SAID SWIA OF SETA 85 FT-TH N &
PARA WITH THE W LINE OF SAID SW1/4 OF SE1/4 335 FT-TH W & P ARA WITH
THE S LINE OF SAID SWI/4 OF SE1/4 TO A PT ON THE W LINE OF SAID SW1/4
OF SEI/4 WHICH IS 450 FT N OF THE SW COR OF SAID SW 1/4 OF SETA AS
MEAS ALONG THE W LINE OF THE SW1/4 OF SE1/4-THS A LONG THE W LINE
OF SAID SW 1/4 OF SETA TO THE PT OF BEG-SUBJ TO CO STATE AID HWY NO
18 AS NOW LAID 0 UT & CONSTRUCTED
Parcel D (PID# 22-32-24-43-0002):
SW 1/4 OF SE1/4 SEC 22-32-24 EX THAT PRT DESC AS FOL: BEG AT SW COR OF
SD 1/4 1/4 TH N ALG W LINE THEREOF 450 FT, TH E PRLL/W S LINE OF SD 1/4,
1/4 210 FT, TH S PRLL/W SD W LINE 450 FT TO SD S LINE, TH W ALG SD S
LINE TO POB; ALSO EX W 147 FT OF THAT PRT OF SD 1/4 1/4 LYG NLY OF CO
RD NO 18 & ELY OF W 726 FT OF SD 1/4 1/4; ALSO EX RD; SUBJ TO EASE OF
REC
2. The findings for the rezoning are that the property is located within the Metropolitan
Urban Service Area and also has the ability to be served by City of Andover municipal
services. Times and conditions have changed with the dissolution of the GR: General
Recreation zoning district to rezone the property to R-4: Single Family Urban and match
the zoning of the subject properties to surrounding properties with public uses.
3. All other sections of the Zoning Ordinance shall remain as written and adopted by the
City Council of the City of Andover.
Adopted by the City Council of the City of Andover on this 19th day of April, 2022.
ATTEST:
Michelle Harmer, City Clerk
CITY OF ANDOVER:
Sheri Bukkila, Mayor
C I T Y O F
NDOVE
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100
FAX (763) 755-8923 • WWW.ANDOVERMN.GOV
TO: Planning & Zoning Commissioners
CC: Joe Janish, Community Development Director
Peter Hellegers, City Planner
FROM: Jake Griffiths, Associate Planner
SUBJECT: Public Hearing: Consider Rezoning Request — Rezone Property from LB: Limited
Business to NB: Neighborhood Business — Parcel ID Number 33-32-24-13-0005 —
City of Andover (Applicant)
DATE: April 12, 2022
DISCUSSION
As part of the update to the Title 12: Zoning Regulations reviewed during a previous agenda
item, the LB: Limited Business zoning district was proposed to be eliminated. As a result, any
properties currently zoned LB: Limited Business will need to be rezoned to a new zoning district
that will exist after the update to the City Code is adopted.
At this time there is only one property within the LB: Limited Business zoning district which is
commonly referred to as the "Molly Professional Building IP1 near the corner of Crosstown Dr
NW and Crosstown Blvd NW. City staff is proposing to rezone the subject property to NB:
Neighborhood Business as times and conditions will have changed with the dissolution of the
LB: Limited Business zoning district. The proposed zoning of LB: Limited Business will match
the zoning of surrounding commercial properties in the area. No change in use to the property is
proposed.
Current Zoning Map Proposed Zoning Map
`— BUNKER LAKE BLVD
2132 .13603 319 13691 136
13663
aun su H•io�. _ z62o w 136
r, 136nYVd.0Creak 1364 136
367
13668 ih Park 1 13689 136
z.0
2620 361 x
M. x7 131
E5� x
ACTION REQUESTED
The Planning & Zoning Commission is requested to hold a public hearing on the rezoning
request and make a recommendation to the City Council.
Res ectfully submitted,
Jake Cmffith'�
Associate Planner
Attachments
Draft Resolution of Approval
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE XXX
AN ORDINANCE AMENDING CITY CODE TITLE 12-3-4, ZONING DISTRICT MAP OF
THE CITY OF ANDOVER.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS:
City Code 12-3-4, The Zoning District Map of the City of Andover is hereby amended as
follows:
1. The zoning designation of the following parcel is hereby amended from LB: Limited
Business to NB: Neighborhood Business:
PID# 33-32-24-13-0005
THAT PRT OF SW1/4 OF NEI/4 OF SEC 33 TWP 32 RGE 24 DESC AS FOL: COM
AT El/4 COR OF SD SEC 33 TH S 88 DEG 56 MIN 30 SEC W ALG S LINE OF
NE1/4 OF SD SEC 33, 1808.12 FT TO INTER OF C/L OF CSAH NO 18 TH N 2 DEG
36 MIN 30 SEC E ALG SD C/L 130.18 FT TH NELY ON SD C/L & ON A TAN CUR
CONC TO SE HAV A RADIUS OF 583.95 IT, 18.25 FT TO ACT POB OF TRACT OF
LAND TO BE DESC: TH CONT NELY ON SD C/L & CUR 256.57 FT TH N 29 DEG
34 MIN 25 SEC E ALG SD C/L & TAN TO SD CUR 7.31 FT TH N 63 DEG 38 MIN
40 SEC W 281.14 FT TH S 29 DEG 16 MIN 50 SEC W 257.18 FT TH S 63 DEG 22
MIN 30 SEC E 335.29 FT TO ACT POB, EX RD SUBJ TO EASE OF REC
2. The findings for the rezoning are that the property is located within the Metropolitan
Urban Service Area and also has the ability to be served by City of Andover municipal
services. Times and conditions have changed with the dissolution of the LB: Limited
Business zoning district to rezone the property to NB: Neighborhood Business and match
the zoning of the subject properties to surrounding commercial properties.
3. All other sections of the Zoning Ordinance shall remain as written and adopted by the
City Council of the City of Andover.
Adopted by the City Council of the City of Andover on this 19th day of April, 2022.
ATTEST:
Michelle Hartner, City Clerk
CITY OF ANDOVER:
Sheri Bukkila, Mayor
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100
FAX (763) 755-8923 • WWW.ANDOVERMN.GOV
TO: Planning & Zoning Commissioners
CC: Joe Janish, Community Development Director
Peter Hellegers, City Planner
FROM: Jake Griffiths, Associate Planner
SUBJECT: Public Hearing: Consider Rezoning Request — Rezone Properties from R-5:
Manufactured Housing to R-4: Single Family Urban — Parcel ID Numbers 30-32-
24-41-0003 and 29-32-24-32-0011 — City of Andover (Applicant)
DATE: April 12, 2022
DISCUSSION
As part of the update to the Title 12: Zoning Regulations reviewed during a previous agenda
item, there was a substantial reorganization of many of the residential zoning districts in order to
better align with the Comprehensive Plan. One of these amendments was to the R-5 zoning
district which was changed from R-5: Manufactured Housing to R-5: Single Family Medium -
Low Density. In response, City staff has evaluated any properties currently zoned R-5 to see if it
still makes sense to keep them in the R-5 zoning district.
At this time there are only two properties zoned R-5 and they are substantially unbuildable land
covered with wetlands and floodplain. City staff is proposing to rezone the subject properties
from R-5: Manufactured Housing to R-4: Single Family Urban as times and conditions have
changed with the amendments to the R-5 zoning district and adoption of Minnesota State Statute
§ 462.357, Subd. lb, which allows for manufactured home parks as a conditional use in all multi-
family zoning districts. The proposed zoning of R-4: Single Family Urban will be consistent with
the surrounding residential neighborhoods in the area. No change in use is to the property is
proposed.
Current Zoning Map
Proposed Zoning Map
ACTION REQUESTED
The Planning & Zoning Commission is requested to hold a public hearing on the rezoning
request and make a recommendation to the City Council.
ectfully submit ed,
Jake Griffiths
Associate Planner
Attachments
Draft Resolution of Approval
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE XXX
AN ORDINANCE AMENDING CITY CODE TITLE 12-3-4, ZONING DISTRICT MAP OF
THE CITY OF ANDOVER.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS:
City Code 12-3-4, The Zoning District Map of the City of Andover is hereby amended as
follows:
1. The zoning designation of the following parcels is hereby amended from R-5:
Manufactured Housing to R-4: Single Family Urban:
Parcel A (PID# 30-32-24-41-0003):
THAT PRT OF NEIA OF SE1/4 OF SEC 30 TWP 32 RGE 24 LYG ELY OF PRT
PLATTED AS THE MEADOWS OF ROUND LAKE, SUBJ TO EASE OF REC
Parcel B (PID# 29-32-24-32-0011):
THE NW1/4 OF SW1/4 OF SEC 29 TWP 32 RGE 24, EX PRTS PLATTED AS
SHIRLEYS ESTATES & THE MEADOWS OF ROUND LAKE, SUBJ TO EASE OF
REC
2. The findings for the rezoning are that times and conditions have changed with the
amendments to the R-5 zoning district and the adoption of Minnesota State Statute §
462.357, Subd. lb, which allows for manufactured home parks as a conditional use in all
multi -family zoning districts.
3. All other sections of the Zoning Ordinance shall remain as written and adopted by the
City Council of the City of Andover.
Adopted by the City Council of the City of Andover on this 19th day of April, 2022.
ATTEST:
Michelle Hartner, City Clerk
CITY OF ANDOVER:
Sheri Bukkila, Mayor