HomeMy WebLinkAboutOrd. 561 - Amendment Titles 9,11, 12 & 13CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 561
THE CITY COUNICL OF THE CITY OF ANDOVER HEREBY ORDAIN AS FOLLOWS:
AMENDMENTS TO CITY CODE TITLE 12: ZONING REGULATIONS, TITLE 13:
PLANNING AND DEVELOPMENT, TITLE 11: SUBDIVISION REGULATIONS, AND
TITLE 9: BUILDING REGULATIONS
Amendment 1
12-7-3: Fence Height:
D. Fence post caps may exceed the maximum height of a fence by up to six inches
(6„).
Amendment 2
12-15-9: Variances:
Reapplication after Denial: No previously denied application for a Variance may
be considered by City Council for a period of one year from the date of its denial.
Amendment 3
12-2-2: Definitions:
Access Drive: A 1.,LLd with L; width L11 of at least t ef" feet, a a b F
Code, VV11J Ll LLV LVLL V
e pabili es for em ehie . A Fire Apparatus Access
v V111 LLVV LVL VL11 V•'
Road as defined by Minnesota State Fire Code 502.1, as amended.
12-4-2: Lot Provisions:
B. Aeeess Drive! An aeEess drives defined by Seetion 12 2 zofthis a htb
pr-e%yide to every prixripal building that is thlee hundred fVVt (3002) Vl 1V1vf1 V
lli
theFeYtghf fe er st-F Access drives shall be provided and maintained in
accordance with Minnesota State Fire Code Section 503, as amended.
Amendment 4
12-15-8: Interim Use Permits:
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 few fifths (4
three -fifths (3/5) vote of the entire City Council.
Amendment 5
12-2-2: Definitions:
Street: A public or private roadway or roadway easement 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).
Amendment 6
11-4-10: Geotechnical Report:
>mottled soil elevations or highest antieipatedtable,
existing
groundwater eleN ation, and soil bofings te depth of 20 feet. (A+nen
W'�0?Ord. 3 5 5TThe subdivider shall submit a geotechnical report prepared by a
licensed geotechnical engineer. The submitted report shall include: any site -specific
recommendations, SCS soil types and depths, boring logs with actual (not assumed)
elevations, seasonal high-water mark (used to determine minimum allowable low floor
elevations), and any other pertinent information required by the City Engineer. A
minimum of one (1) soil boring is required at the building pad location. The minimum
depth of the soil boring is twenty (20) feet, or as approved by the City Engineer. If
unsuitable soils are encountered below minimum depth, continue boring to two (2) feet
below suitable soil elevation or to a maximum depth of twenty-five (25) feet.
Amendment 7
CHAPTER 1 A
SPLITTING LOTS, PARCELS OR TRACTS OF LAND GENERALLY
SECTION:
13-1A-1:
Definition
13 -1 A-2:
Minimum Lot Requirements
13-1-3:
Frequency Of Splitting Lots
13-1A-4:
Application For Lot Split
13-1A-5:
Fees
13-lA-6:
Review And Reeemmendations
13-lA-7:
Variances
13-lA-8:
Compliance With Provisions
13-1A-9:
Application And Term Of Provisions; Conflicts
13-lA-10:
Enforcement And Penalty
13-lA-1: DEFINITION: A "lot split" is any division of a lot, parcel, or tract of land
into not more than two (2) parcels when both divided parcels meet or exceed the
minimum requirements for platted lots in the applicable zoning district. (Amended Ord.
40, 8-16-1977)
13-lA-2: MINIMUM LOT REQUIREMENTS: No lot, parcel or tract of land
shall be divided unless the resultant lots have at least the minimum width, depth and
square footage as required for any parcel of land in the zoning district wherein the lot is
located. (Amended Ord. 40, 8-16-1977)
13-1A-3: FREQUENCY OF SPLITTING LOTS: No owner may utilize this
method of land division on any parcel more than one time in any three (3) year period. A
three (3) year waiting period for a lot split is required on all lots, parcels or tracts from
the date they were created by previous lot splits under this chapter. (Amended Ord. 40, 8-
16-1977)
A. Exceptions. A lot split may be applied for within the three (3) year waiting period
provided the following conditions are met:
1. The property owner has owned the property for more than five years.
2. A one year waiting period shall be required between splits.
3. A maximum of three lots shall be created including the original lot.
4. City infrastructure and utilities such as sanitary sewer, storm sewer, water
main and streets are in place.
5. Grading, drainage and erosion control plans shall be prepared that properly
address how drainage will be handled on the site as well as the affect on
adjacent properties to the satisfaction of the City. (Amended 431, 10-15-13)
13-1A-4: APPLICATION FOR LOT SPLIT: The applicant shall provide the
following information:
A. The scale and north direction.
B. Dimensions of the property.
C. Names and locations of adjacent streets.
D. Location of existing buildings on and within one hundred feet (100') of subject
property.
E. Current zoning and legal description.
F. Sufficient proof that the lot has not been split within the last three (3) years.
G. Such other information as may be required to fully represent the intent of the lot
split. (Amended Ord. 40, 8-16-1977)
13-1A-5: FEES: All applicable fees shall be paid as required by the City of
Andover Fee Schedule.
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A. Review of Lot Split: The City Administrator or their designee shall have
the authority to administratively approve lot split applications which meet
the minimum requirements established by the Andover City Code and
accept dedication of easements required by the City Code or the City
Engineer on behalf of the City Council. The City Administrator or their
designee shall also have the authority to administratively deny lot split
applications which do not meet the minimum requirements established by
the Andover City Code.
F.B. Record Of Lot Split: The lot split, together with a certified copy of the
resolution, shall thereafter be filed with the County Recorder's office.
F.C. Time Limit On Implementing Lot Split: If the City Council determines that the
conditions of approval are not met within twelve (12) months, the lot split will
be null and void. (Amended Ord. 40, 8-16-1977)
13-1A-7: VARIANCES: Variances from the requirements of this title, Title 11:
Subdivision Regulations, and Title 12: Zoning Regulations, may be granted by the City
Council as provided in City Code 12 14-7-12-15-9, except that any variance request shall
be made as a part of the lot split approval process. (Amended Ord. 407, 6-21-11)
13-1A-8: COMPLIANCE WITH PROVISIONS:
A. The effect of this chapter shall not work to preclude compliance with utilities
hookup, payment of levied and pending assessments, and performance of any
other requirements of the ordinances of the city.
B. The owner, or agent of owner, of any parcel shall not divide any lot or parcel for
the purpose of sale, transfer, or lease with the intent of evading the provisions of
this chapter.
C. The owner, or agent of owner, of any parcel shall not sell or otherwise convey
said parcel with the intent of evading the provisions of this chapter or
circumventing attempts to plat acreage or otherwise subdivide tracts of land
within the city. (Amended Ord. 40, 8-16-1977)
13-lA-9: APPLICATION AND TERM OF PROVISIONS; CONFLICTS:
A. This chapter shall apply to and govern the entire city during the period for which
it is in effect. This chapter, during its effective period, shall replace and supersede
provisions in all other ordinances and regulations applicable to the city which are
in conflict or inconsistent with the provisions herein. All ordinances and
provisions therein which are not in conflict with the terms and conditions of this
chapter shall continue in full force and effect.
13-lA-10: ENFORCEMENT AND PENALTY: Any person, firm or corporation
violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon
conviction thereof, shall be punished as defined by state law. The lot splitting not in
accordance with the requirements of this chapter may be enforced by mandamus,
injunction, or any other appropriate remedy in any court of competent jurisdiction.
(Amended Ord. 40, 8-16-1977)
11-1-5: EASEMENTS TO BE DEDICATED:
C. Necessity of Easement Determined: In the case where the land subdivision is to
be approved administratively and the city determines that an easement is
necessary as stated in this section, the City Engineer shall Getineil shall aet on th
subdivision te determine the need and extent of the easement to be dedicated. The
subdivider shall furnish the City with all easements found to be necessary by the
City Engineer mil.
Amendment 8
CHAPTER 6
MANUFACTURED HOME PARKS; MOBILE HOMES; SACRED
COMMUNITIES AND MICRO -UNIT DWELLINGS
SECTION:
9-6-1:
Purpose
9-6-2:
Definitions
9-6-3:
Manufactured Home Park Standards
9-6-4:
Covenants And Bylaws
9-6-5:
Temporary Mobile Homes
9-6-6:
Sacred Communities and Micro -Unit Dwellings
9-6-67:
Exemptions From Provisions
9-6-78:
Violation; Penalties
9-6-1: PURPOSE: The purpose of this chapter is to allow manufactured home
parks in permitted zoning districts in the city with appropriate design and site
requirements. (Amended Ord. 201, 2-18-1997)
9-6-2: DEFINITIONS: The following words and terms shall have the following
meanings in this chapter:
DWELLING UNIT: A residential building or portion thereof intended for
occupancy by a family and it shall include manufactured
homes.
MANUFACTURED HOME: A dwelling unit, transportable in one or more
sections, that is eight feet (8) or more in width or forty feet
(40) or more in length, or when erected on site complies
with the minimum floor area requirements as stated in the
zoning ordinances, 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
See section 12-2-2 of this code, definition of "manufactured home".
established under the Minnesota State Building Code.
MANUFACTURED
HOME PARK: Any premises (minimum acreage 20 acres, which is
contiguous) that has facilities (public sewer and public
water) to accommodate more than one occupied
manufactured home on a parcel of land and is properly
zoned for such use.
MICRO UNIT: A mobile residential dwelling providing permanent housing
within a sacred community that meets the requirements
established by Minnesota State Statute.
SACRED COMMUNITY: A residential settlement meeting the requirements
established by Minnesota State Statute that is located on or
contiguous to the grounds of a religious institution's
primary worship location primarily for the purpose of
providing permanent housing for the following groups of
individuals as defined by Minnesota State Statute:
chronically homeless persons, extremely low-income
persons, and designated volunteers.
UNIT: A section of ground in a manufactured home park that
meets the minimum lot area per dwelling unit and other
minimum requirements as stated in the zoning ordinance
and complies with all other requirements as stated in this
chapter. No more than one manufactured home shall be
placed on any single lot or unit. (Amended Ord. 201, 2-18-
1997; amd. 2003 Code)
9-6-3: MANUFACTURED HOME PARK STANDARDS: A manufactured
home park plan shall show and comply with the platting ordinance which establishes
regulations and procedures for the subdivision and platting of land in the city 1 and all
other applicable city ordinances. The manufactured home park plan shall also include and
comply with the following site requirements and design standards:
A. Minimum Setback Requirements:
1. Minimum distance between manufactured homes is thirty feet (30').
2. Where a manufactured home park abuts a commercial, industrial or residential
zoning district, there shall be a setback of at least one hundred feet (100') that
shall be landscaped and maintained (landscaping and design to be approved by
City Council).
1 See title 11 of this code.
B. Decks And Patios: A concrete patio (4 inch thickness) or deck shall be
constructed on the ground not less than five feet (5') from each manufactured
home. The patio or deck shall not be less than two hundred (200) square feet in
area.
C. Landscaping:
1. At least one tree shall be placed and maintained on each lot (tree type and
location to be approved by the city).
2. Each lot shall be sodded and maintained with grass with the exception of areas
covered by the home, patios, sidewalks, decks, parking areas and off street
parking areas.
D. Access, Parking And Garages:
1. An off street parking area of at least two hundred twenty (220) square feet and
a garage (minimum 220 square feet) shall be provided for each manufactured
home lot. The parking area shall be asphalt or concrete and meet city construction
and design standards1.
2. Two (2) or more parking areas (guest/overflow parking) shall be provided in
the manufactured home park. One space for each manufactured home lot shall be
provided.
3. Each manufactured home shall have driveway access to a street.
E. Screening Of Refuse Containers: All refuse containers that are shared by the
residents in the park shall be screened from view of adjacent properties and
roads by a wood fence or other material approved by the city.
F. Enclosed Storage Of Boats And Trailers: All boats and trailers located in the
park shall be stored within enclosed structures.
G. Parks/Open Space: A minimum of ten percent (10%) of the total manufactured
home park shall be devoted to park and recreation and/or open space. (Amended
Ord. 201, 2-18-1997)
H. Facility Buildings: Each manufactured home park shall contain one or more
enclosed facility buildings with space devoted to office, emergency services
shelter (basement), laundry, sanitary and recreational facilities. The building shall
be designed to accommodate at least fifteen (15) square feet of space per
manufactured home lot, but in no case shall the building be less than two
thousand five hundred (2,500) square feet. (Amended Ord. 201, 2-18-1997; amd.
2003 Code)
See chapter 3 of this title.
9-6-4: COVENANTS AND BYLAWS: The owner of the manufactured home
park shall furnish a copy of covenants, restrictions and bylaws of the manufactured home
park to the city. (Amended Ord. 201, 2-18-1997)
9-6-5: TEMPORARY MOBILE HOMES: The Building Official may issue a
permit for a mobile home to be placed on a single-family residentially zoned lot outside
the Metropolitan Urban Service Area only when the principal structure has been damaged
by a disaster. The mobile home shall be used for temporary dwelling purposes and shall
be removed from the residential lot within one hundred eighty (180) days from the date
the permit was issued. (Amended Ord. 201, 2-18-1997)
9-6-6: SACRED COMMUNITIES AND MICRO -UNIT DWELLINGS:
Micro -units must comply with the requirements established by Minnesota State Statute
and with the City's setback requirements for manufactured homes. This includes meeting
all applicable setbacks for the zoning district in which sacred communities are located
and having a minimum distance between micro -units of thirty feet (30').
9-6-67: EXEMPTIONS FROM PROVISIONS: The provisions contained in this
chapter shall not apply to manufactured homes or travel trailers that are used for office
space by construction companies or firms while in the process of working on projects
approved by the city. Such units shall not be allowed to be utilized for the purposes of
habitation and shall be allowed for a period not to exceed six (6) months. (Amended Ord.
201, 2-18-1997; amd. 2003 Code)
9-6--78: VIOLATION; PENALTIES: Any person who violates any provision of this
chapter shall be guilty of a misdemeanor and shall be subject to applicable fines and
imprisonment defined by state law. In addition to the penalties imposed by this chapter, the city
may exercise, with or separately from such penalties, all and any other legal and equitable
remedies then available to the city by this chapter, or by statute, or by other ordinance of the city,
or by applicable rules or regulations, to enforce this chapter, including, without limitation,
injunction. (Amended Ord. 201, 2-18-1997)
City Code 12-2-2: Definitions
SACRED COMMUNITY: A residential settlement meeting the requirements established by
Minnesota State Statute that is located on or contiguous to the
grounds of a religious institution's primary worship location
primarily for the purpose of providing permanent housing for the
following groups of individuals as defined by Minnesota State
Statute: chronically homeless persons, extremely low-income
persons, and designated volunteers
CHAPTER 11
RESIDENTIAL PERMITTED, PERMITTED ACCESSORY, CONDITIONAL, INTERIM AND PROHIBITED USES
P — Permitted Use
R-1 Single Family Rural
M-1 Multiple Dwelling Medium Density
PA — Permitted Accessory Use
R-2 Single Family Estate
M-2 Multiple Dwelling High Low
Density
C — Conditional Usel
R-3 Single Family Suburban2
M-3 Multiple Dwelling High Density
I — Interim Use
R-4 Single Family Urbana
PUD — Planned Unit Development
R-5 Single Family Medium Low
ensity
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
Zoning
Districts
ANIMALS
RR
R-1
R-2
R-3
R-4
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 54A
Dog kennel license - Commercial (minimum
2.5-acre lot size) in compliance with City Code
C
C
C
C
C
X
X
X
X
5-IA
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.
Pleasurelrecreation 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
P
P
P
P
X
X
X
X
X
Code Title 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 Dwelling Unit (ADU)
C
C
X
X
X
X
X
X
X
Manufactured homes and modular homes
located in manufactured home parks.
X
X
X
X
X
X
PUD
PUD
PUD
Multiple dwellings
X
X
X
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
11
Single-family residential buildings detached
P
P
P
P
P
PUD
I PUD
I PUD
PUD
Single-family residential buildings (attached)
and townhouses
X
X
X
X
X
X
PUD
PUD
PUD
Sacred Communities meeting Minnesota State
Statute and City Code requirements.'
P
P
P
P
P
P
P
P
P
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
compliance with City Code 12-9
PA
PA
PA
PA
PA
PA
PA
PA
PA
Home occupations in accessory structure on a
parcel of land three (3) acres or larger utilizing
an accessory structure and/or exterior storage in
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 City 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)
I
as regulated by chapter 9 of this title and title 3,
I
I
I
I
I
I
I
I
chapter 6
SCHOOLS
RR
R-1
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
I
schoolproperty)
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
UTILITIES
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
Agricultural 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 City 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
C
ranges, racetracks
C
X
X
X
X
X
X
X
Cemeteries
C
C
C
C
C
C
C
C
C
Daycare centers within legally conforming
PA
PA
PA
PA
PA
PA
PA
PA
PA
religious institutions and schools.
Daycare centers within subordinate classroom
X
X
X
X
X
X
X
X
X
structures.
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 City 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
processingand storage)
I
I
I
I
I
I
I
I
I
Marinas
C
C
C
C
C
C
C
C
C
Mixed -use commercial space integrated within
a legally conforming multi -family structure
containing 100 or more dwelling units. Said
commercial space shall not exceed 20% of the
foundation area of the multi -family structure.
X
X
X
X
X
X
X
C
X
All commercial uses shall be as regulated by
the requirements of the SC - Shopping Center
zoning district.
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
PA
PA
PA
PA
PA
PA
PA
PA
PA
to City Code 9-15
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 dynamite.
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.
5. Sacred settlements are required to be located on or contiguous to the grounds of a religious institution's primary
worship location.
CHAPTER 11
COMMERCIAL/INDUSTRIAL 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
X — Prohibited Use
If Use Not Specifically "Listed or Provided for Elsewhere in the CityCode It Is Prohibited .
Uses
Zoning
Districts°
AUTO RELATED USES
NB
' SC
GB
I
Automobile service stations in compliance with City Code 12-12-4
C3
C2
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
C6
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
C6
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
Daycare 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
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
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
Veterinn clinics no outside pens or animal storage)
C
I C
I P
P
SCHOOLS
NB
I SC
I 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 I
X
X
Tires - Interior storage of more than eight 8 waste tires
C
C
C
C
Toxic waste storage
X
X
X
X
UTILITIES
NB
SC
GB
I
Private utilities aselectric 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, eta
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 area space 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 Yardss
C5
X
P
P
Religious Institution
X
C
C
X
Sacred Communities meeting Minnesota State Statute and City Code requirements.'
P
P
P
P
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 working in the vicinity
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 (ground 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 12-15-61) 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 1 st 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.
6. Provided the use is located within a contiguous NB -Neighborhood Business District that is at least 5-acres in size.
(Amended Ord. 552, 5-2-23)
7. Sacred settlements are required to be located on or contiguous to the grounds of a religious institution's primary
worship location.
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 71h day of May 2024.
ATTEST:
1+icelle Hartner, City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO.561 SUMMARY
AN ORDINANCE ORDAINING AMENDMENTS TO CITY CODE TITLE 12: ZONING
REGULATIONS, TITLE 13: PLANNING AND DEVELOPMENT, TITLE 11: SUBDIVISION
REGULATIONS, AND TITLE 9: BUILDING REGULATIONS
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 amendments address issues of clarity, consistency and relevance in the City Code
relative to fence height, reapplication after denial for variance requests, access drives, interim use permit
approval requirements, street setbacks, soil boring requirements for subdivision, administrative lot splits,
and sacred settlements.
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 7' day of May, 2024.
ATTEST: CITY OF VER
WMiAelle artner, City Clerk Sheri B la, May