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:
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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.
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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
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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.
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(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.
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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.
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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
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P. 1\:;' Ll d~9st, City Clerk
CITY OF ANDOVER
BY~' I/~
Jer Wl schitl, Hayor
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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
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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
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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.
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(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.
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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~--
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