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HomeMy WebLinkAboutOrd. 057 - Agricultural Preservation CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 57 THE AGRICULTURAL PRESERVATION ORDINANCE, PROMOTING THE HEALTH, SAFETY AND GENERAL WELFARE OF THE CITIZENS OF THE CITY OF ANDOVER, COUNTY OF ANOKA, STATE OF MINNESOTA. 1. LEGISLATIVE INTENT AND FINDINGS OF FACT The governing body does hereby find that land lying outside of the Metropolitan Urban Service Area of the City of Andover for which the logical and proper use is agriculture is threatened by rapid expanding growth and urban development. The governing body further finds that urban development must be accommodated in a logical and orderly fashion in order to minimize the conflicts between urban and agricultural uses. The governing body further finds that the development and urbanization of high-quality agricultural land is detrimental to the long-range development plan of the City of Andover. It is the purpose of this ordinance to identify and classify such lands outside of the Metropolitan Urban Service Area of the City of Andover for which the logical and proper long-term use is agriculture and to preserve and protect said agricultural land from unnecessary encroachment by non-agricultural uses pursuant to Minnesota Statute 473H. 2. DEFINITIONS a. Accessory Structure: A structure or portion of a structure subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto. b. Building: Any structure having a roof which may provide shelter or enclosure of persons, animals or cattle and when said structures are divided by party walls without openings, any portion of such building so separated shall be deemed a separate building. c. Capital Improvement Program: An itemized program for a five-year prospective period, subject to at least biennial review, setting forth the schedule, timing and details of specific contemplated public improvements by year, together with their estimated cost, the need for each improvement, financial sources, and the financial impact that the improvements will have on the local governmental unit. d. Commercial Agriculture: The use of land for the growing and/or production of field crops, livestock, and livestock products for the production of income including but not limited to the following: -1- 1. field crops, including: Barley, soy beans, corn, hay, oats, potatoes, rye, sorghum and sunflowers and vegetables. 2. livestock, including: Dairy and beef cattle, goats, horses, sheep, hogs, poultry, game birds and other animals including ponies, deer, rabbits, and mink. 3. livestock products, including: milk, butter, cheese, eggs, meat, fur and honey. e. Comprehensive Sewer Policy Plan: A plan adopted by a local governmental unit describing, designating and scheduling the areas to be sewered by the public system, the existing and planned capacities of the public system, the standards and conditions under which the installation of private sewer systems will be permitted, and to the extent practicable, the areas not suitable for pUblic or private systems because of public health, safety and welfare considerations. f. Drainage System: Any natural or artificial feature or structure used for the conveyance, drainage, or storage of surface and/or underground water, including, but not limited to, streams, rivers, creeks, ditches, channels, conduits, gulleys, ravines, washes, lakes or ponds and structures such as culverts, drainage tile, darns, bridges and water storage basins. g. Driveway: A private road or path for vehicle access to a public road, which is wholly located on the parcel which is afforded access. h. 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. i. Farm: Real property used for commercial agriculture or horticulture comprising at least 40 acres of either contiguous or non-contiguous acreage, all of which is owned and operated by a single family, family corporation, individual or corporation. Separate parcels must meet the minimum size requirements set out in Minnesota Statutes, 473H.03, Subdivision 2, i.e., ten acres. j. Farm Building: Any building or accessory structure other than a farm or non-farm dwelling which is used in a farming operation, including, but not limited to, a barn, granary, silo, farm implement storage building or milk house. -2- k. Feedlot: An area \vhere 15 or more non-domestic animals are confined. 1. Historic Site~ Structure or area of land or water of historic, archeological, paleontological or architectural value which has been designated as an historic site in the Federal Register of historical landmarks, the Minnesota Historical Society, or by a local governmental unit. m. Home Occupation: Any gainful occupation or profession engaged in by the occupant of a dwelling at or from the dwelling when carried on within a dwelling unit and not in an accessory building provided that no signs other than those normally utilized in residential districts are present, no stock in trade is stored on the premises, over-the-counter retail sales are not involved, and entrance to the home occupation is gained from within the structure. n. Horticulture; The use of land for the growing or production for income of fruits, vegetables, flowers, nursery stock, including ornamental plants and trees, and cultured sod. o. Irrigation System: Any structure or equipment, mechanized or other, used to supply water for commercial agriculture or horticulture, including, but not limited to, wells, pumps, motors, pipes, culverts, gates, dams, ditches, tanks, ponds, and reservoirs. p. Parcel: A separate area of land, including a lot, having specific boundaries and capable of being conveyed and recorded. q. Quarter Quarter Section: The northeast, northwest, southwest or southeast quarter of a quarter section delineated by the united S-tates Government system of land survey and which is exactly or nearly 40 acres in size. r. Relative: Father, mother, spouse, brother, sister, son, daughter, son-in-law, dauther-in-law. s. Road: A public thoroughfare, including without limitation streets, highways, freeways, parkways, thoroughfares, roads, avenues, boulevards, lanes, or places, however described; but not including private driveways or routes. t. 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. u. All other definitions contained in the Andover City Zoning Ordinance shall also be applicable to this Ordinance. 3. DESIGNATION AND ESTABLISH~lliNT OF DISTRICT -3- a. The following zoning district together with the applicable requirements ~,:mtained herein is hereby established as a part of the zoning ordinance of the City of Andover: AgP Agricultural Preservation District b. The locations and boundaries of the district established by this ordinance shall be set forth on the zoning map o::f this city and said map is hereby made a part of this ordinance. Said map consisting of sheets, and all notations, references and data shown thereon is hereby incorporated by reference into this ordinance and shall be made as much a part of it as if all were full described herein. The zoning map shall be kept on file in the zoning administrator's office. 4. AgP AGRICULTURE PRESERVATION DISTRICT a. Intent: This district is intended to contain those areas of Andover where it is necessary and desirable, because of the high quality of the soils, availability of water, and/or highly productive agricultural capability to preserve, promota maintain, and enhance the use of the land for agricultural purposes and to protect such land from encroachment by non-agricultural uses, structures or activities. b. Permitted Uses and Structures: The following uses shall be permitted by right: 1. commercial agriculture and horticulture 2. farm buildings 3. farm drainage and irrigation systems 4. forestry 5. permanent single family dwelling units which do not exceed a density of one per quarter quarter sec,tion (a) the single family dwelling unit shall be located on a separate parcel which is at least two and one-half acres in size (b) the parcel on which the single family dwelling unit is located must have at least 300 feet of frontage along a road which has been accepted and is maintained by the city. (c) the driveway serving the parcel shall be separated from adjacent driveways on the same side of the road by the following distances depending upon road types. -4- (1) local road: 100 feet (2) collector road: 300 feet (3) minor arterial: 500 feet (4) minimum distance from intersection of two or more of the above: 100 feet (d) the single family dwelling unit shall be set back at least 75 feet from the road right-of-way 6. historic sites c. Permitted Accessory Uses and Structures The following accessory uses and structures shall be permitted. 1. Uses and structures which are customarily accessory and clearly incidental and subordinate to permitted uses and structures, including: (a) Private garages (b) Playhouses, swimming pools and storage buildings appurtenant to single family swellings (c) Landscaping items (d) Dwelling units which are temporarily occupied by seasonal workers who are employed on the agricultural property where they are located. Such dwelling units shall not be occupied during the time that the agricultural property is not being actively farmed. d. Special Uses The following special uses may be approved by the City of Andover in the AgP Agricultural Preservation District provided that the provisions and requirements of Section 4.E (Standards for Granting Special Use Permits) of the zoning ordinance are fulfilled: 1. Feedlot and poultry facilities 2. Agricultural service establishments primarily engaged in performing agricultural animal husbandry or horticultural services on a fee or contract basis including but not limited to, corn shelling, hay baling and threshing; sorting, grading and packing fruits and vegetables for the grower; agricultural produce milling and processing; horticultural services; crop dusting; fruit picking; grain cleaning; land grading; harvesting and plowing; farm equipment service and repair; veterinary services; and roadside stands utilizing permanent structure for the sale of agricultural produce grown on the site. -5- J'._ .. .- ::"JJ~;; [:rJ:-_',j OJ .1. _) c. oJ:: " -"j _ J ~/! ...;; 3. Public utility and public service structures including electric transmission and distribution lines, substations, gas regulator stations, communications equipment buildings, pumping stations and reservoirs. 4. Home occupations. e. Standards for Granting Special Use Permits No special use permit shall be issued by the City of Andover unless following review and written findings it determines that the proposed use satisfies the following conditions: 1. The use shall not be one to which the noise, odor, dust, or chemical residues of commercial agriculture or horticulture might result in creation or establishment of a nuisance or trespass. 2. All agricultural service establishments shall be located at least 300 feet from any driveway affording access to a farm dwelling and at least 500 feet from any single family dwelling. 3. All agricultural service establishments may require screening from the pUblic view on the perimeter of the establishment by a solid fence, wall, or natural vegetation of not less than 8 feet in height. 4. An agricultural service establishment shall be incidental and necessary to the conduct of agriculture within the district. 5. Public utility and service structures shall be located and construction at such places and in such manner that they will minimize segmenting land of anyone farm and will not interfere with the conduct of agriculture by limiting or interfering with the access to fields or the effectiveness and efficiency of the farmer and farm equipment including crop spraying aircraft. f. Prohibited Uses and Structures All other uses and structures which are not specifically permitted by right or by special use permit shall be prohibited in the AgP Agricultural Preservation District. g. MinimuITl Lot Sizes, Yard Requirements and Structure Spacings: ~hall be as set forth for the R-l zoning district under the Andover City Zoning Ordinance. h. Whenever property is zoned for AgP within the Scenic River District, the most restrictive provisions of Ordinance 57 and Ordinance 52 shalr~ipply. -6- c. ",.,1;;_'_ ../ c::';"-'--,-.'- ;, _r:) .-_~' - .i.e._':". h. Variances and Appeals Where there are practical difficulties or unnecessary hardships in any way of carrying out the strict letter of the provisions of this ordinance, an appeal may be made and a variance granted. The hardships or difficulties must have to do with the characteris,tics of the land and not the property owner. The procedure for granting variances is as follows: 1. A person desiring a variance shall fill out and submit to the City Clerk, a "Request for Variance" form together with a fee as established by City Council resolution. All other requests shall have a fee as set by City Council resolution. 2. The application shall be referred to the Planning Commission which shall submit a report to the City Council. 3. The petitioner shall appear before the Planning Comnlission in order to answer questions. 4. The City Council may grant the variance if it finds that a hardship has been created by the shape or condition of the parcel in question; granting the variance is necessary to the reasonable use of the land and granting the variance will not adversely affect the existing or potential use of adjacent land. 5. The petitioner, if appealing an interpretation of this ordinance by an employee of the city shall not be subject to the required fee. i. Enforcement Enforcement Officer and Penalty: Any person, firm, corporation or voluntary association which violates or refuses to comply with any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as defined by State Law. j. Effective Date This ordinance shall become effective upon its adoption and publication according to law. Adopted by the City Council of the City of Andover this 2nd day of February , 19 82 '-"-"--'-"-~....... ,,/ ..,.j .... AT'I'E'$T y(// \,--_<~>L~i ", / " . ._,._~ ~~ \. //" ,'-1/ ..f; / ~ ~1 ,,"J/I- P. 1\:;' Ll d~9st, City Clerk CITY OF ANDOVER BY~' I/~ Jer Wl schitl, Hayor -7- .- .-._._~. . I I I I I I I I I I I I I I I I I I I I I I , I I I I I I , I I , I , I I I , I , , I I , I I , I , I I , , , I I , I I I I I I I , , , , , I , . . I I " , , I . , , I , , i / ~! I -Z~ 1 !l!I1!l1 I :.III..u IIIUIII " 'I " C) -I -< o "T1 )> Z C o < ITI ::0 II I:! II illll 'I ""'-..~\\ ~~ '" I r I :.1 '~ I.... - mm ,_ 1 \ I I ~ I I I I I I I I I I I I I I I I I I I I I a I I a I J I I I I J . I I I I I t a I I . I I I I I I I I"': I I I I I I I I I I I I' ~~ ii ~11l I ~ I f!llHh ~'J' ! - ;;;;;:,.... I, I I -fT. - -- t- I y '- -'1 -' t ,~ r~. _ N =: ,q"(!,~1 -. '~,.--",;! " ','~:::. -. - -- -. '"T CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 57A AN ORDINANCE AMENDING ORDINANCE NO. 57, KNOWN AS THE AGRICULTURAL PRESERVATION ORDINANCE. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. 57 is amended to read as follows: SECTION 1. LEGISLATIVE INTENT AND FINDINGS OF FACT The governing body does hereby find that land ~y4R~-a~ts4ee-af-tAe-Met~a~a~4taR ~~BaR-Se~Y4ee-A~ea of the City of Andover for which the logical and proper use is agriculture is threatened by rapid expanding growth and urban development. The governing body further finds that urban development must be accommodated in a logical and orderly fashion in order to minimize the conflicts between urban and agricultural uses. The governing body further finds that the development and urbanization of high quality agricultural land is detrimental to the long range development plan of the City of Andover. It is the purpose of this ordinance to identify and classify such lands a~ts4ee af-tAe-Met~a~a~4taR-~~BaR-Se~Y4ee-A~ea of the City of Andover for which the logical and proper long term use is agriculture and to preserve and protect said agricultural land from unnecessary encroachment by non-agricultural uses pursuant to Minnesota Statute 473H. SECTION 4. AgP AGRICULTURE PRESERVATION DISTRICT (a) Intent This district is intended to contain those areas of Andover where it is necessary and desirable. because of the high quality of the soils. availability of water. and/or highly productive agricultural capability to preserve. promote. maintain. and enhance the use of the land for agricultural purposes and to protect such land from encroachment by non-agricultural uses. structures, or activities. It is also intended that those areas within the Metropolitan Urban Service Area -- boundary which are determined by the City Council to be unfeasible because of soils and other geological factors for residential, commercial or industrial pur- poses be allowed the same protection. Adopted by the City Council of the City of Andover this 19th day of October, 1982. CITY OF ANDOVER ATTEST: ~f/; ~~/~ J ry Wi sch1tl. Mayor ! l}:-c0)>(...lJl 8.?' 1) -l ~ "< Q 2: Qj !r~~~+~:II~~I~~S3 . ~i~~!~~i8i~mjll!~~~i~~!~=O. ",.o3'''"~ ",;;"o".3~';;- _mo' ,."""3' n n" .... ............8............... .'-. ,.,~ ",."""""'"""';."~,,,"',""" .... ....,..........,.......'...'.-... ...... ~.o~- _ 1<.iigO;~."~.~3l~~~~~~- ~~c03~q=-~)>~~@~~~ .... .... ....._... ..... ..e..' ...-., ...- .-1' ,...e. ",'" ,.....,....,........ ." · .... ." .... . ....,'.....-. .. ....". ....' .... . ,," ...... ....,...... ;",.1" ..... ,." c"- ,.1,"' .'e.-....,. ...,",' ..". 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U ~ ~ 5 n c." .> C ~ .ero f ~ ~.- ~ :;: e ~ ~ ~ 2 0 ~ . ~ e ~ ~ :c u ~:;: .= ~ E ~ ~ ~ . ~ -:n g - . > - f ~ ~_ : p. .: o.o'~ - roc. ~ ~ ~ .~_ ; ..' ~ .~ ~ ~ ~ ~ ~o ",. ~u ?- ..: ~ ~u ~ ~ ~~_ 0 ~~ L~~=_ro~~0-05~~~-:n~~Dro uO~E -c ~~ _>~N-_ .-.-_ - ->- _~-.w.w-'w --- n-~ ~~~~&E2~~~~ u~__5~ ro5~ E~l]] '~2;~i;~~ f~i ~~ '&oE ~ "g~~e8~~~~ 2t~b~e~ Mf :EE~ ) " o ) o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 57 THE AGRICULTURAL PRESERVATION ORDINANCE, PROMOTING THE HEALTH, SAFETY AND GENERAL WELFARE OF THE CITIZENS OF THE CITY OF ANDOVE~, COUNTY OF ANOKA, STATE OF MINNESOTA. 1. LEGISLATIVE INTENT AND FINDINGS OF FACT The governing body does hereby find that land ~Y~R~-e~ts~ee-ef-t~e-~etFe~e~~taR ijFBaR-5eFv~ee-AFea of the City of Andover for which the logical and proper use is agriculture is threatened by rapid expanding growth and urban development. The governing body further finds that urban development must be accommodated in a logical and orderly fashion in order to minimize the conflicts between urban and agricultural uses. The governing body further finds that the development and urbanization of high quality agricultural land is detrimental to the long range development plan of the City of Andover. It is the purpose of this ordinance to identify and classify such lands e~ts~ee ef-t~e-~etfe~e~~taR-YFBaR-5eFv~ee-AFea of the City of Andover for which the logical and proper long term use is agriculture and to preserve and protect said agricultural land from unnecessary encroachment by non-agricultural uses pursuant to Minnesota Statute 473H. Oe.+oPe/' /q"asy 2. DEFINITIONS a. Accessory Structure: A structure or portion of a structure subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto. b. Building: Any structure having a roof which may provide shelter,or enclosure of persons, animals or cattle and when,sald structur~s are divided by party walls without openlngs, any portlon of such building so separated shall be deemed a separate building. C~pital Improvemen~ Program: An itemized program for a flv~-year pr~spectlve period, subject to at least biennial revl~w~ settlng forth the schedule, timing and details of s~eclflc,conte~plated public improvements by year, together w~th t~elr estlmated cost, the need for each improvement, ~lnanclal sources, and the financial impact that the lmprovements will have on the local governmental unit. Commercial Agriculture: The use of land for the growing and/or production of field crops, livestock, and livestock p~o~ucts for the production of income including but not 11mlted to the following: c. d. -1- 1. field crops, including: Barley, soy beans, corn, hay, oats, potatoes, rye, sorghum and sunflowers and vegetables. 2. livestock, including: Dairy and beef cattle, goats, horses, sheep, hogs, poultry, game birds and other animals including ponies, deer, rabbits, and mink. 3. livestock products, including: milk, butter, cheese, eggs, meat, fur and honey. e. Comprehensive Sewer Policy Plan: A plan adopted by a local governmental unit describing, designating and scheduling the areas to be sewered by the public system, the existing and planned capacities of the pUblic system, the standards and conditions under which the installation of private sewer systems will be permitted, and to the extent practicable, the areas not suitable for public or private systems because of public health, safety and welfare considerations. f. Drainage System: Any natural or artificial feature or structure used for the conveyance, drainage, or storage of surface and/or underground water, including, but not limited to, streams, rivers, creeks, ditches, channels, conduits, gulleys, ravines, washes, lakes or ponds and structures such as culverts, drainage tile, dams, bridges and water storage basins. g. Driveway: A private road or path for vehicle access to a public road, which is wholly located on the parcel which is afforded access. h. 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. i. Farm: Real property used for commercial agriculture or horticulture comprising at least 40 acres of either contiguous or non-contiguous acreage, all of which is owned and operated by a single family, family corporation, individual or corporation. Separate parcels must meet the minimum size requirements set out in Minnesota Statutes, 473H.03, Subdivision 2, i.e., ten acres. j. Farm Building: Any building or accessory structure other than a farm or non-farm dwelling which is used in a farming operation, including, but not limited to, a barn, granary, silo, farm implement storage building or milk house. -2- o. p. g. k. Feedlot: An area ,vhere 15 or more non-domestic animals are confined. 1. Historic Site; Structure or area of land or water of historic, archeological, paleontological or architectural value which has been designated as an historic site in the Federal Register of historical landmarks, the Minnesota Historical Society, or by a local governmental unit. m. Home Occupation: Any gainful occupation or profession engaged in by the occupant of a dwelling at or from the dwelling when carried on within a dwelling unit and not in an accessory building provided that no signs other than those normally utilized in residential districts are present, no stock in trade is stored on the premises, over-the-counter retail sales are not involved, and entrance to the home occupation is gained from within the structure. n. Horticulture; The use of land for the growing or production for income of fruits, vegetables, flowers, nursery stock, including ornamental plants and trees, and cultured sod. Irrigation System: Any structure or equipment, mechanized or other, used to supply water for commercial agriculture or horticulture, including, but not limited to, wells, pumps, motors, pipes, culverts, gates, dams, ditches, tanks, ponds, and reservoirs. Parcel: A separate area of land, including a lot, having specific boundaries and capable of being conveyed and recorded. Quarter Quarter Section: The northeast, northwest, southwest or-southeas~quarter of a quarter section delineated by the United States Government system of land survey and. which is exactly or nearly 40 acres in size. r. Relative: Father, mother, spouse, brother, sister, son, dau-ghter, son-in-law, dauther-in-Iaw. s. Road: A public thoroughfare, including without limitation streets, highways, freeways, parkways, thoroughfares, roads, avenues, boulevards, lanes, or places, hov/ever described; but not including private driveways or routes. t. Structure: Anything erected, the use of which requires ~ore or less permanent location on the ground, or attached to something having a permanent location on the ground. This shall include signs. u. All other definitions contained in the Andover City Zoning Ordinance shall also be applicable to this Ordinance. 3. DESIGNll.TION AND ESTABLISHMENT OF DIS'l'RICT -3- a. The following zoning district together with the applicable requirements ~Jntained herein is hereby established as a part of the zoning ordinance of the City of Andover: AgP Agricultural Preservation District b. The locations and boundaries of the district established by this ordinance shall be set forth on the zoning map 0I this city and said map is hereby made a part of this ordinance. Said map consisting of sheets, and all notations, references and data shown thereon is hereby incorporated by reference into this ordinance and shall be made as much a part of it as if all were full described herein. The zoning map shall be kept on file in the zoning administrator's office. 4. AgP AGRICULTURE PRESERVATION DISTRICT a. Intent: This district is intended to contain those areas of Andover where it is necessary and desirable, because of the high quality of the soils, availability of water, and/or highly productive agricultural capability to preserve, promote, maintain, and enhance the use of the land for agricultural purposes and to protect such land from encroachment by non-agricultural uses, structures, or activities. 11 ;s also intended that those areas within the Metropolitan Urban Service Area boundary which are determined by the City Council to be unfeasible because of soils and other geological factors for residential, commercial or industrial pur- poses be allowed the same protection. OC+o~/ql/q!~ b. Permitted Uses and Structures: The following uses shall be permitted by right: 1. commercial agriculture and horticulture 2. farm buildings 3. farm drainage and irrigation systems 4. forestry 5. permanent single family dwelling units which do not exceed a density of one per quarter quarter section (a) the single family dwelling unit shall be located on a separate parcel which is at least two and one-half acres in size (b) the parcel on which the single family dwelling unit is located must have at least 300 feet of fron~age ~lon~ a road which has been accepted and 1S ma1ntalned by the city. (c) the driveway serving the parcel shall be separated from adjacent driveways on the same side of the road by the following distances depending upon road types. -4- (1) local road: 100 feet (2) collector road: 300 feet (3) minor arterial: 500 feet (4) minimum distance from intersection of two or more of the above: 100 feet (d) the single family dwelling unit shall be set back at least 75 feet from the road right-of-way 6. historic sites c. Permitted Accessory Uses and Structures The following accessory uses and structures shall be permitted. 1. Uses and structures which are customarily accessory and clearly incidental and subordinate to permitted uses and structures, including: (a) Private garages (b) Playhouses, swimming pools and storage buildings appurtenant to single family swellings (c) Landscaping items (d) Dwelling units which are temporarily occupied by seasonal workers who are employed on the agricultural property where they are located. Such dwelling units shall not be occupied during the time thatthe agricultural property is not being actively farmed. d. Special Uses The following special uses may be approved by the City of Andover in the AgP Agricultural Preservation District provided that the provisions and requirements of Section 4.E (Standards for Granting Special Use Permits) of the zoning ordinance are fulfilled: 1. Feedlot and poultry facilities 2. Agricultural service establishments primarily engaged in performing agricultural animal husbandry or horticultural services on a fee or contract basis including but not limited to, corn shelling, hay baling and threshing; sorting, grading and packing fruits and vegetables for the grower; agricultural produce milling and processing; horticultural services; crop dusting; fruit picking; grain cleaning; land grading; harvesting and plowing; farm equipment service and repair; veterinary services; and roadside stands utilizing permanent structurE for the sale of agricultural produce grown on the site. -5- 3. Public utility and public service structures including electric transmission and distribution lines, substations, gas regulator stations, communications equipment buildings, pumping stations and reservoirs. 4. Home occupations. e. Standards for Granting Special Use Permits No special use permit shall be issued by the City of Andover unless following review and written findings it determines that the proposed use satisfies the following conditions: 1. The use shall not be one to which the noise, odor, dust, or chemical residues of commercial agriculture or horticulture might result in creation or establishment of a nuisance or trespass. 2. All agricultural service establishments shall be located at least 300 feet from any driveway affording access to a farm dwelling and at least 500 feet from any single family dwelling. 3. All agricultural service establishments may require screening from the public view on the perimeter of the establishment by a solid fence, wall, or natural vegetation of not less than 8 feet in height. 4. An agricultural service establishment shall be incidental and necessary to the conduct of agriculture within the district. 5. Public utility and service structures shall be located and construction at such places and in such manner that they will minimize segmenting land of anyone farm and will not interfere with the conduct of agriculture by limiting or interfering with the access to fields or the effectiveness and efficiency of the farmer and farm equipment including crop spraying aircraft. f. Prohibited Uses and Structures All other uses and structures which are not specifically permitted by right or by special use permit shall be prohibited in the AgP Agricultural Preservation District. g. Minimum Lot Sizes, Yard Requirements and Structure Spacings: ~hall be as set forth for the R-I zoning district under the Andover City Zoning Ordinance. h. Whenever property is zoned for ^gP wi thin the Scenic River District, the most restrictive provisions of Ordinance 57 and Ordinance 52 shall apply. _c._ h. Variances and Appeals Where there are practical difficulties or unnecessary hardships in any way of carrying out the strict letter of the provisions of this ordinance, an appeal may be made and a variance granted. The hardships or difficulties must have to do with the characteristics of the land and not the property owner. The procedure for granting variances is as follows: 1. A person desiring a variance shall fill out and submit to the City Clerk, a "Request for Variance" form together with a fee as established by City Council resolution. All other requests shall have a fee as set by City Council resolution. 2. The application shall be referred to the Planning Commission which shall submit a report to the City Council. 3. The petitioner shall appear before the Planning Commission in order to answer questions. 4. The City Council may grant the variance if it finds that a hardship has been created by the shape or condition of the parcel in question; granting the variance is necessary to the reasonable use of the land and granting the variance will not adversely affect the existing or potential use of adjacent land. 5. The petitioner, if appealing an interpretation of this ordinance by an employee of the city shall not be subject to the required fee. i. Enforcement Enforcement Officer and Penalty: Any person, firm, corporation or voluntary association which violates or refuses to comply with any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as defined by State Law. j. Effective Date This ordinance shall become effective upon its adoption and publication according to law. Adopted by the City Council of the City of Andover this 2nd day of February , 19 82 CITY OF ANDOVER AT'I'ES.'r : BY~.J___/I./- Il~ ~~~~schitl, Mayor '\ /n" ,I . ,r P. K. Lindquist, City Cler~-- -7-