HomeMy WebLinkAboutOrd. 586 Amendment Titles 4 & 12CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 586
AN ORDINANCE AMENDING CITY CODE 4-1-2-F, 12-14-3, AND 12-14-8-D-3 TO
ALLOW FOR INCREASED PENALTIES FOR REPEAT VIOLATIONS OF CITY
CODE WITHIN ONE YEAR
The City Council of the City of Andover, Minnesota ordains:
To include the following:
TITLE 4
CHAPTER 1
NUISANCES
SECTION:
4-1-1:
Policy and Purpose
4-1-2:
Public Nuisances Enumerated
4-1-3:
Inspections And Investigations
4-1-4:
Abatement Procedures
4-1-5:
Interference With Enforcement Officials Prohibited
4-1-6:
Violation; Penalty
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:
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 propertyfor possible use
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of salvageable part; or. (5) is not properly and currently licensed for operation
within the State of Minnesota. (Amended Ord. 383, 6-2-09)
1. A second violation of this provision within one(]) year of the first
violation shall be subject to increased penalties.
2. A third violation and all subsequent violations of this provision within one
(1) year of the first violation shall be subject to further increased
penalties.
3. A third violation and all subsequent violations within one (1) year of the
first violation may be subject to mandatory court appearances.
TITLE 12
CHAPTER 14
PERFORMANCE STANDARDS
SECTION:
12-14-1:
Purpose and Scope
12-14-2:
Enforcement
12-14-3:
Exterior Storage
12-14-4:
Refuse in All Districts
12-14-5:
Screening
12-14-6:
Landscaping in All Districts
12-14-7:
Glare in All Districts
12-14-8:
Off Street Parking Requirements
12-14-9:
Off Street Loading and Unloading Areas
12-14-10:
Traffic Control
12-14-11:
Drainage
12-14-12:
Guesthouses
12-14-13:
Dwelling Units of Employees on Premises in Residential Districts
12-14-14:
Dwelling Units in Commercial and Industrial Districts
12-14-15:
Visual Standards
12-14-16:
Coin Operated Machines
12-14-17:
Residential Building Standards
12-14-18:
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.
1. A second violation of this provision within one(]) year of the first
violation shall be subject to increased penalties.
2. A third violation and all subsequent violations of this provision within one
(1) year of the first violation shall be subject to further increased
penalties.
3. A third violation and all subsequent violations within one (1) year of the
first violation may be subject to mandatory court appearances.
B. Special mobile equipment is 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.
The following items are exempt from the screening requirement (Amended Ord.
380, 4/21/09): Clotheslines and recreational equipment. (Amended Ord. 31410-4-
2005); 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, 5118110); Agricultural equipment and materials if
these are used or intended for use on the premises.
C. 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 4121109)
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12-14-4: REFUSE INALL 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, 4121109)
Landscapingproducts 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.
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, 5118110)
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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, 5118110)
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:
3. Permitted Use of Residential Parking Area:
a. 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, 5118110).
1. A second violation of this provision within one (1) year of the first
violation shall be subject to increased penalties.
2. A third violation and all subsequent violations of this provision within one
(1) year of the first violation shall be subject to further increased
penalties.
3. A third violation and all subsequent violations within one (1) year of the
first violation may be subject to mandatory court appearances.
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 (112) 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
semitrailers, unless otherwise allowed by City Code. (Amended Ord. 392,
5118110).
1. A second violation of this provision within one (1) year of the first
violation shall be subject to increased penalties.
2. A third violation and all subsequent violations of this provision within one
(1) year of the first violation shall be subject to further increased
penalties.
3. A third violation and all subsequent violations within one (1) year of the
first violation may be subject to mandatory court appearances.
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,
5118110).
1. A second violation of this provision within one (1) year of the first
violation shall be subject to increased penalties.
2. A third violation and all subsequent violations of this provision within one
(1) year of the first violation shall be subject to further increased
penalties.
3. A third violation and all subsequent violations within one (1) year of the
first violation may be subject to mandatory court appearances.
d. 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,
5118110)
1. A second violation of this provision within one (1) year of the first
violation shall be subject to increased penalties.
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2. A third violation and all subsequent violations of this provision within one
(1) year of the first violation shall be subject to further increased
penalties.
3. A third violation and all subsequent violations within one (1) year of the
first violation may be subject to mandatory court appearances.
All other Titles, Chapters, and Sections of the City Code shall remain as written and
adopted by the Andover City Council.
Adopted by the Andover City Council on this 2nd day
ATTEST:
Mic elle Hartner, City Clerk
10
February of 2026.
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 586 SUMMARY
AN ORDINANCE AMENDING CITY CODE 4-1-2-F, 12-14-3, AND 12-14-8-D-3 TO ALLOW
FOR INCREASED PENALTIES FOR REPEAT VIOLATIONS OF CITY CODE WITHIN ONE
YEAR
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 allow for increased penalties for repeated citations for
violations of certain sections of Andover City Code within a one-year period. Specifically, these
penalties would apply to violations of provisions prohibiting or restricting Junk Motor Vehicles,
Exterior Storage, and Off -Street Parking in the city of Andover. The code amendment would allow
for increased penalties after a second citation within one year, and further increased penalties and
the possibility of a mandatory court hearing after a third or more citations within one year.
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 2nd day of February 2026.
ATTEST:
L"A
Mich le Hartner, City Clerk
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