HomeMy WebLinkAboutOrd. 223 - Scenic River
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
ORDINANCE NO. 223
An Ordinance repealing Ordinance No. 52, adopted February 3, 1981.
AN ORDINANCE FOR THE CONTROLLING OF BLUFFLAND AND RIVERLAND
DEVELOPMENT IN ORDER TO PROTECT AND PRESERVE THE SCENIC,
RECREATIONAL, NATURAL, HISTORICAL AND SCIENTIFIC VALUES OF THE
RUM RIVER IN THE CITY OF ANDOVER.
The City Council of the City of Andover hereby ordains as follows:
Section 1.
Policy and Authorization.
An ordinance for the controlling ofbluffland and riverland development in order to
protect and preserve the scenic, recreational, natural, historical and scientific values of the
Rum River in Andover, Minnesota, in a manner consistent with Minnesota State Statutes
and the Management Plan for the Rum River.
Section 2.
Purpose.
The purpose of this ordinance is to:
(1) Establish a Scenic River District along the bluffland and shoreland of the
Rum River as required by the Management Plan for the Rum River.
(2) Regulate within the Rum River District, a land use district, the area of lot,
and the length ofbIuffland and water frontage suitable for building sites.
(3) Regulate the setback of structures and sanitary waste treatment facilities
from bIufflines and shorelines to protect the existing and/or natural scenic
values, vegetation, soils, water quality, floodplain areas, and bedrock from
disruption by man-made structures or facilities.
(4) Regulate alterations of the natural vegetation and topography.
(5) Maintain property values and prevent poorly planned development.
(6) Conserve and protect the natural scenic values and resources of the Rum
River and to maintain a high standard of environmental quality.
(7) To comply with Minnesota State Statutes and the Management Plan for
the Rum River.
Section 3.
General Provisions.
The jurisdiction of this ordinance shall include all lands designated within the Rum River
land use district within the jurisdiction of Andover as defined in the Management Plan for
the Rum River. The use of any land within the Rum River land use district; the size and
shape of lots; the use and location of structures on lots; the installation and maintenance
of water supply and waste disposal facilities; the filling, grading, lagooning, or dredging
of any river area; the cutting of vegetation or alteration of the natural topography within
the district; and the subdivision of land shall be in full compliance with the terms of this
ordinance and other applicable regulations. Permits from the City of Andover are
required by this ordinance and other applicable ordinances for the construction of
buildings, public or private water supply and sewage treatment systems, the grading and
filling of the natural topography and erection of signs within the Rum River land use
district.
It is not intended by this ordinance to repeal, abrogate or impair any existing easements,
covenants, deed restrictions, or land use controls. Where this ordinance imposes greater
restrictions, the provisions of this ordinance shall prevail.
In their interpretation and application, the provisions of this ordinance shall be held to be
minimum requirements, and shall not be deemed a limitation or repeal of any powers or
rights granted by Minnesota Statutes.
It is hereby declared to be the intent ofthe City that several provisions of this ordinance
are separable in accordance with the following:
1) If any court of competent jurisdiction shall adjudge any provision of this
ordinance to be invalid, such judgment shall not affect any other provisions of this
ordinance not specifically included in said judgment.
2) If any court of competent jurisdiction shall adjudge invalid the application of any
provision of this ordinance to a particular property, building, or other structure,
such judgment shall not affect the application of said provision to any other
property, building, or structure not specifically included in said judgment.
Section 4.
Definitions.
For the purpose ofthis ordinance, certain terms and words are hereby defined as follows:
Agricultural Use: the use ofland for the production of food or fiber, their
storage on the area, and/or raising thereon of domestic pets and domestic farm animals.
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Blu(f1ine: a line along the top of a slope connecting the points at
which the slope becomes more than twelve (12) percent. This applies to those slopes
within the land use district which are beyond the setback provisions from the ordinary
high water mark.
Building Line: that line measured across the width of the lot at the point
where the main structure is placed in accordance with setback provisions.
CamDground: an area accessible by vehicle and containing campsites or
camping spurs for tents and trailer camping.
Clear-cutting:
the removal of an entire stand of vegetation.
Commissioner:
the Commissioner of Natural Resources.
Conditional Use: a use of land which is permitted only when allowed by the
local governing body after a public hearing, if certain conditions are met which eliminate
or minimize the incompatibility with other permitted uses of the district.
Essential Services: underground or overhead gas, electrical, stream or water
distribution systems; collection, communication, supply, or disposal systems, including
poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic
signals, hydrants and other similar equipment and accessories in conjunction therewith;
but not including buildings or transmission services.
Forestry: the use and management, including logging, or a forest,
woodland or plantation and related research and educational activities, including the
construction, alteration or maintenance ofwoodroads, skidways, landings, and fences.
Hardship: as used in connection with a variance under this ordinance,
the property in question cannot be put to a reasonable use under the conditions allowed
by this ordinance. Economic considerations alone shall not constitute a hardship if any
reasonable use for the property exists under the terms of this ordinance.
l.i!1: a lot shall be considered to be an individual building site
which shall be occupied by no more than one principal structure equipped with sanitary
facilities, together with such open spaces are as required under the provisions of the
Zoning Ordinance, having not less than the minimum area required by the Zoning
Ordinance for a building site in the district in which such lot is situated and having its
principal frontage on a public street.
Mining: all or any part of the process involved in the extraction of
minerals by removing the overburden and extracting directly from the soils, clay, stone,
sand and gravel and other similar solid material or substance deposits thereby exposed.
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Minerals: soil, stone, clay, sand, gravel and other similar solid
material or substance to be mined from natural deposits.
Mobile Home: a housing unit designed for transportation after fabrication
on streets and highways on its own wheels or on a flatbed trailer to the site where only
minor assembly operations are necessary.
Modular Home: a non-mobile housing unit that is basically fabricated at a
central factory and transported to a building site where final installations are made,
permanently affixing it to the site, and built to meet or exceed the Uniform Building
Code.
Nonconforminr Use: any use established before February 3,1981 which does not
conform to the use restrictions of a particular zoning district. This should not be
confused with substandard dimensions of a conforming use.
Open Space Recreation Uses: Recreation use particularly oriented to and utilizing
the outdoor character of an area; including hiking and riding trails, primitive campsites,
campgrounds, waysides, parks and recreational areas.
Ordinary High Water Mark: a mark delineating the highest water level which has
been maintained for a sufficient period of time to leave evidence upon the landscape. The
ordinary high water mark is commonly that point where the natural vegetation changes
from predominantly aquatic to predominantly terrestrial. In areas where the ordinary
high water mark is not evident, setbacks shall be measured from the stream bank of the
following water bodies that have permanent flow or open water: the main channel,
adjoining side channels, backwaters and sloughs.
Planned Unit Development: a development having two (2) or more principal uses or
structures on a single parcel of land and developed according to an approved plan.
Primitive Campsites: an area that consists of individual remote campsites
accessible only by foot or water.
Screened: when a structure is built or placed on a lot or vegetation is
planted such that when the structure is built it is visually inconspicuous as viewed from
the river during the summer months. Visually inconspicuous means difficult to see or not
readily noticeable in summer months as viewed from the river.
Selective Cutting:
the removal of single scattered trees.
Setback: the minimum horizontal distance between a structure and
the ordinary high-water mark or lot line, bluffline, or street. Distances are to be measured
from the most outwardly extended portion of the structure.
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Sewage Treatment Svstem: any system for the collection, treatment and dispersion of
sewage including but not limited to septic tanks, soil absorption systems and drainfields.
Single Familv Dwelling:
a detached building containing one dwelling unit.
Structure: any building, sign or appurtenance thereto, except aerial or
underground utility lines, such as sewer, electric, telephone, telegraph, or gas lines,
including towers, poles, and other supporting appurtenances, and fences used to control
livestock or delineate boundaries.
Subdivision: improved or unimproved land or lands which are divided
for the purpose of ready sale or lease, or divided successively within a five (5) year period
for the purpose of sale or lease, into three (3) or more lots or parcels of less than five (5)
acres each, contiguous in area and which are under common ownership or control.
Substandard Use: any use within the land use district existing prior to
February 3, 1981 which is permitted within the applicable land use district but does not
meet the minimum lot area, length of water frontage, structure setbacks or other
dimensional standards of the ordinance.
Variance: any modification or variation of official controls where it is
determined that by reason of exceptional circumstances, the strict enforcement of the
official controls would cause unnecessary hardship.
Wetland: land which is annually subject to periodic or continual
inundation by water and commonly referred to as a bog, swamp, or marsh.
Section 5.
Land Use District Provisions.
In order to preserve and protect the Rum River and its adjacent lands which possess
outstanding scenic, recreational, natural, historical, scientific and similar values, the Rum
River in Andover has been given the Scenic River classification and the uses and
classification of this river and its adjacent lands are hereby designated by land use zoning
districts, the boundaries of which are based on the Management Plan for the Rum River.
The boundaries of the Rum River Scenic land use district are shown on the map
designated as the Andover Official Zoning Map, which is made a part of this ordinance
and is on file. In case of conflict between the map and the property descriptions in the
Management Plan for the Rum River, the latter shall prevail.
Minimum District Dimensional Req.uirements
The following chart sets forth the minimum area, setbacks, and the requirements of the
Rum River Scenic River District:
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I) Minimum Lot Size
a) Riparian lots.....................................................4 acres
b) Non-riparian lots..............................................2-l/2 acres
2) Lot width at building line for lots ofrecord.............................300'
a) Newly created lots............................................300'
3) Lot width at ordinary high water mark.....................................300'
4) Building setback from ordinary high water mark.....................150'
5) Building setback from bluffline..................................................30'
6) On-site sewage treatment system setback from
ordinary high water mark..........................................................I 00'
7)* Maximum structure height..........................................................35'
8) Controlled vegetative cutting area (See Section 8)
a) Setback from ordinary high water mark............150'
b) Setback from bluffline.........................................30'
9) Sideyard setback from street (corner lot).....................................30'
from interior lot line........................................ 1 0'
10) Front yard setback (building line closest to street).......................40'
II) Lot depth from high water mark................................................250'
* This requirement shall not apply to buildings used primarily for agricultural uses.
On the Cedar Creek tributary designated in the Management Plan for the Rum River the
following setbacks also apply within the land use district:
I) Building setbacks from ordinary high water mark .....................100'
2) On-site sewage treatment system setback from
ordinary high water mark..............................................................75'
3) Controlled vegetative cutting area setback from
ordinary high water mark (See Section 8)...................................100'
No structure shall be placed on any slope greater than 12% (12 feet vertical rise in 100
feet horizontal distance) unless such structures can be screened from river view with
natural vegetation, where practicable, sewage disposal system facilities can be installed
so as to comply with the Sanitary Provisions of Section 7 and the building permit
applicant can prove to the City Council that any potential erosion or sedimentation
problems related to locating such a structure either do not exist, or that adequate measures
will be taken to prevent such problems through special construction methods.
No structures shall be placed in any floodway. Structures proposed within a floodplain
shall be consistent with the City of Andover and/or statewide Standards and Criteria for
Management of Flood Plain Areas of Minnesota.
Lots record in the Office of the County Recorder which meet all legal requirements of the
City of Andover prior to February 3, 1981 but do not meet the dimensional requirements
of this ordinance shall be allowed as building sites, provided: such use is permitted in the
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land use district; the lot was in separate ownership prior to February 3, 1981; and all
sanitary and dimensional requirements of this ordinance to be complied with as far as
practicable.
If in a group of contiguous lots under single ownership, any individual lots does not meet
the lot width requirements of this ordinance, such individual lot cannot be considered as a
separate parcel of land for purposes of sale or development, but must be combined with
adjacent lots under the same ownership so that the combination of lots will equal one (I)
or more parcels of land each meeting the lot width requirements of this ordinance, except
that such lots which meet or exceed 60 percent or more of the lot width standards of these
regulations may be considered as a separate parcel of land, for the purpose of sale and
development, if on-site sewage disposal systems can be installed so as to comply with
these regulations.
Section 6.
Uses Within The Land Use Districts.
The purpose of establishing standards and criteria for uses in the Rum River land use
district shall be to protect and preserve existing natural, scenic, historical, scientific, and
recreational values to maintain proper relationships between various land use types, and
to prohibit new residential, commercial, or industrial uses that are inconsistent with the
statewide standards and criteria for Wild and Scenic Rivers and the Management Plan for
the Rum River.
Permitted and ConditionallJses.
In the following tables of uses: "P" means Permitted Use; "c" means Conditional Use.
Certain of the following uses are subject to the Zoning Dimension Provisions and
Sanitary Provisions of Section 5 and Section 7. All of the following uses are subject to
the Vegetative Cutting Provisions of Section 8:
I) Governmental campgrounds, subject to management plan
specifications and approval of the Commissioner...................................................P
2) Private campgrounds, subject to management plan specifications
and the provisions of Section 10 (Certification).....................................................C
3) Public accesses, road access type with boat launching facilities
subject to management plan specifications & approval of the
Commissioner..........................................................................................................P
4) Public accesses, trail access type, subject to management plan
specifications and approval of the Comrnissioner..................................................P
5) Temporary docks.....................................................................................................C
6) Other governmental open space recreational uses, subject to
management plan specifications and the approval of the
Commissioner..........................................................................................................P
7) Other private open space recreational uses, subject to management
plan specifications and the provisions of Section 10
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(Certification)..................... .......... .................... ..... .............. .......... ......... .... .............C
8) Agricultural uses........................... ............. ..................................... .........................P
9) Single family residential uses, except mobile and
modular homes......................... ......... .......................... .............................................P
I 0) Forestry uses.............................. ..............................................................................P
II) Essential services..................... ......... ..................................... ....... ................... ........P
12) Sewage disposal systems............................................................................ .............P
13) Private roads and minor public streets.....................................................................P
14) Signs approved by federal, state, or local government which are
necessary for public health and safety; and signs indicating areas
that are available or not available for public use.....................................................P
15) Signs not visible from the river that are not specified in (14, above)......................P
16) Governmental resource management for improving fish and
wildlife habitat; wildlife management areas; nature areas;
accessory roads.............................. ......... ......................................................... ........P
17) Underground mining that does not involve surface
excavation in the land use district...........................................................................C
18) Utility transmission power lines (60KV through 199KV)
and pipelines, subject to the provisions of Section 8..............................................C
19) Public roads, subject to the provisions of Section 8................................................C
All uses not listed as permitted or conditional uses shall not be allowed within the
applicable land use district without review and approval of the City Council and
Cornmissioner of Natural Resources.
Section 7.
Sanitary Provisions.
Any new dwelling intended for human occupancy must provide for an adequate method
of sewage treatment. Public or municipal collection and treatment facilities must be used
where available and feasible. Where public or municipal facilities are not available, all
new on-site individual sewer treatment systems shall conform to the minimum standards
and administrative procedures set forth in other applicable local ordinances, the minimum
standards of the Minnesota Pollution Control Agency (Individual Sewage Treatment
Systems Standards) and Section 5 of this ordinance.
No person, firm or corporation shall install, alter, repair or extend any individual sewer
disposal system or private well without first obtaining a permit for such action from the
City of Andover for the specific installation, alteration, repair, or extension. Prior to
issuance of any such permit, the City of Andover shall require that percolation rate tests
and, at the discretion of the Building Official, soil boring tests be done on the proposed
site for an individual sewer disposition to determine whether or not the site is capable of
supporting a conforming sewage treatment system.
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Any new public or new private supply of water for domestic purposes must conform to
Minnesota Department of Health standards for water quality and the administrative
procedures of other applicable local ordinances.
Section 8.
Landscape Alterations.
The vegetative cutting provisions shall apply to those areas specified in Section 5 of this
ordinance. The following are general provisions, within designated setback areas:
I) Clear cutting, except for any authorized public services such as roads and utilities,
shall not be permitted.
2) Selective cutting of trees in excess of four (4) inches in diameter at breast height
shall be permitted providing cutting is spaced in several cutting operations and a
continuous tree cover is maintained.
3) The cutting provisions as stated above, shall not be deemed to prevent:
a) The removal of diseased or insect infested trees, or of rotten or damaged
trees that present safety hazards.
b) Pruning understory vegetation, shrubs, plants, brushes, grasses, or from
harvesting crops, or cutting suppressed trees or trees less than four (4)
inches in diameter at breast height.
Clear cutting anywhere in the designated land use district on the Rum River is subject to
the following standards and criteria:
1) Clear cutting shall not be used as a cutting method where soil, slope, or other
watershed conditions are determined by the City Council to be fragile and subject
to severe erosion and/or sedimentation.
2) Clear cutting shall be conducted only where clear cut blocks, patches or strips are,
in all cases, shaped and blended with the natural terrain.
3) The size of clear cut blocks, patches or strips shall be kept at the minimum
necessary .
4) Where feasible all clear cuts shall be conducted between September 15 and May
15. If natural regeneration will not result in adequate vegetative cover, areas in
which clear cutting is conducted shall be planted to prevent erosion and to
maintain the aesthetic quality of the area. Where feasible, replanting shall be
performed in the same spring, or the following spring.
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Grading and filling work done within the designated land use district of this ordinance
shall require a permit and shall comply with the following:
1) Grading and filling of the natural topography which is not necessary to a
permitted or conditional use shall not be permitted in the land use district.
2) Grading and filing of the natural topography which is accessory to a permitted or
conditional use shall not be conducted without an approved grading and filling
permit from the City. A grading and filling permit may be issued only if the
conditions of Section 8 are properly satisfied.
3) Grading and filling of the natural topography which is necessary to a permitted or
conditional use shall be performed in a manner which minimizes earthmoving,
erosion tree clearing, and the destruction of natural topography.
4) Grading and filling in of the natural topography shall also meet the following
standards:
a) The smallest amount of bare ground is exposed for as short a time as
feasible.
b) Temporary ground cover such as mulch is used and permanent ground
cover is planted.
c) Methods to prevent erosion and to trap sediment are employed.
d) Fill is stabilized to accepted engineering standards.
Any activity which will change or diminish the course, current or cross-section of any
public waters, including but not limited to, filling, excavating or placing of any materials
in or on the beds of public waters is prohibited unless authorized by a previously obtained
permit from the Commissioner of Natural Resources pursuant to Minnesota Statutes.
Public waters shall be defined in Minnesota Statute.
Drainage or filling in of wetlands is not allowed within the land use district designated by
this ordinance.
All utility transmission crossings of land within the Rum River land use district shall
require a conditional use permit. The construction of such transmission services shall be
subject to the standards and criteria of Minnesota Statutes. With respect to electric power
utility transmission crossings, a conditional use permit shall be required for crossings of
69 kilo-volts thru 199 kilo-volts. No conditional use permit shall be required for high
voltage (200 kilo-volts or greater) transmission lines under control of the Environmental
Quality Board pursuant to Minnesota Statutes. However, lines of200 kilo-volts or more
which are exempt by the Environmental Quality Board shall require a conditional use
permit.
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In addition to such permits as may be required by Minnesota Statutes, a conditional use
permit shall be required for any construction or reconstruction or public roads within the
Rum River land use district. Such construction or reconstruction shall be subject to the
standards and criteria of Minnesota Statutes, and City Street and Road Standards as
adopted by the City Council. A conditional use permit is not required for minor public
streets which are streets intended to serve primarily as an access to abutting properties;
however, shall be constructed or reconstructed to comply with City Street and Road
Standards. Public roads include township, county, and municipal roads and highways
which serve or are designed to serve flows of traffic between communities or other traffic
generating areas.
Section 9.
Subdivisions.
No land shall be subdivided which is determined by the governing body, or the
Commissioner, to be unsuitable by reason of flooding, inadequate for development,
severe erosions potential, unfavorable topography, inadequate water supply or sewage
treatment capabilities or any other feature likely to be harmful to the health, safety, or
welfare of the future residents of the proposed subdivision or the community.
Percolation-rate tests and soil boring tests shall be required as deemed necessary by the
City Building Official, to be done by the subdivider and their results submitted to the City
Council to assure that each lot in the proposed subdivision is capable of supporting a
sewage treatment system of the type recommended by the Minnesota Pollution Control
Agency's standards for individual sewage treatment systems.
A Planned Unit Development may be allowed only when the proposed clustering
provides a better means of preserving agricultural land, open space, woods, scenic views,
wetlands, and other features of the natural environment than traditional subdivision
development. Except for minimum setbacks and height limits, altered dimensional
standards may be allowed as exceptions to this ordinance for planned unit development
provided:
1) Preliminary plans are approved by the Commissioner prior to their enactment by
the governing body.
2) Central sewage facilities are installed which meet the standards, criteria, rules or
regulations of the Minnesota Department of Health and the Pollution Control
Agency.
3) Open space is preserved. This may be accomplished through the use of restrictive
deed covenants, public dedications, granting of scenic easements, or other
methods.
4) There is not more than one centralized boat launching facility for each planned
unit development.
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Section 10. Administration.
The provisions of this ordinance shall be administrated by the City Council. The City
Council shall act upon all questions as they arise in the administration of this ordinance;
to hear and decide appeals; and to review any order, requirements, decisions or
determination as provided by Minnesota Statutes. Permit fees and inspection fees shall
be established by resolution of the City Council and shall be collected by the City for
deposit with Andover and credited to the general fund.
Uses which are prohibited by this ordinance but which are in existence prior to the
effective date of this ordinance shall be non-conforming uses. Such uses shall not be
intensified, enlarged, or expanded.
All private sanitary sewer systems inconsistent with the performance standards of
Andover's Sanitary Sewer Ordinances and the minimum standards of the Minnesota
Pollution Control Agency and the Minnesota State Plumbing Code within the Rum River
Scenic River District shall be brought into conformity or discontinued within the time
frame specified in Ordinance No. 221.
All uses in existence prior to February 3, 1981 which are permitted uses within the newly
established land use district, but do not meet the minimum lot area, setbacks or other
dimensional requirements of this ordinance are substandard uses. All substandard uses,
except for substandard signs, shall be allowed to continue subject to the following
conditions and exceptions:
I) Any structural alteration or addition to a substandard use which will increase the
substandard setback shall not be allowed.
2) Where a setback pattern from the ordinary high water mark has already been
established on both sides of a proposed building site, the setback of the proposed
building site, the setback of the proposed structure may be allowed to conform to
that pattern. This provision shall apply to lots which do not meet the minimum
lot width requirements in Section 5.
The granting ofa variance requires the presence of the following conditions.
I) The strict enforcement ofthe land use controls will result in unnecessary hardship.
2) Granting of the variance is not contrary to the purpose and intent of the zoning
provisions herein established by these standards and criteria, and is consistent
with Management Plan for the Rum River.
3) There are exceptional circumstances unique to the subject property which were
not created by the landowners.
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4) Granting of the variance will not allow any use which is neither a permitted or
conditional use in the land use district in which the subject property is located.
5) Granting of the variance will not alter the essential character of the locality as
established by the Management Plan for the Rum River.
Copies of all plats within the boundary of the Rum River land use district shall be
forwarded to the Commissioner within ten (10) days of approval by the City Council.
Approval of a plat which is inconsistent with this ordinance is permissible only if the
detrimental impact of the inconsistency is more than overcome by other protective
characteristics of the proposal.
All inconsistent plats approved by the City of Andover must be certified in accordance
with Section 10 of this ordinance.
This ordinance may be amended whenever the public necessity and the general welfare
require such amendments by the procedure specified in this section. Amendments to this
ordinance must be certified by the Commissioner as specified in Section 10 of this
ordinance.
Amendments of this ordinance may be initiated by a petition to the Planning and Zoning
Commission or by action of the City Council. An application for an amendment shall be
filed with the City of Andover.
Upon receipt in proper form of the application and other requested materials, the Planning
and Zoning Commission shall conduct a public hearing in the manner prescribed by
Minnesota Statutes.
Within sixty (60) days following the public hearing, the City Council shall make a report
of its recommendations on the proposed amendment and shall file a copy with the
Commissioner. Certification from the Commissioner must be obtained as specified in
Section 10 before the proposed amendment becomes effective.
A copy of all notices of any public hearing is not required, a copy of application to
consider issuance of a conditional use permit shall be received by the Commissioner at
least thirty (30) days prior to such hearings or meetings to consider issuance of a
conditional use permit. A copy of the decision shall be forwarded to the Commissioner
within ten (10) days of such action.
Conditional Use Permits relating to private or commercial recreational development must
be certified in accordance with Section 10 of this ordinance.
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Certain land use decisions which directly affect the use ofland within the designated land
use district and involve any ofthe following actions must be certified by the
Commissioner (Section 10):
1) Adopting or amending an ordinance including rezoning of particular tracts of
land.
2) Granting a variance from a provision of this ordinance which relates to the zoning
dimension provisions of Section 5 of this ordinance or any other dimension
provisions established in the Management Plan for the Rum River.
3) Approving a plat which in inconsistent with the ordinance.
4) Granting a conditional use permit for a private or commercial recreational
development.
Certification Procedure is as follows:
1) A copy of all notices of any public hearings, or where a public hearing is not
required, a copy of the application to consider zoning amendments, variances, or
inconsistent plats under local ordinance shall be received by the Commissioner at
least thirty (30) days prior to such hearings or meetings to consider such actions.
The notice of application shall include a copy of the proposed inconsistent plat, or
a description of the requested variance.
2) The Andover City Council shall notify the Commissioner of its decision on the
proposed action within ten (10) days of the decision.
3) The action becomes effective when either:
a) The final decision taken by the City of Andover has previously received
certification of approval from the Commissioner; or
b) The City of Andover receives certification of approval after its fmal
decision; or
c) Thirty (30) days have elapsed from the day the Commissioner received
notice of the final decision, and the City has received from the
Commissioner neither certification of approval nor notice or non-approval;
or
d) The Commissioner certifies his or her approval within thirty (30) days
after conducting a public hearing.
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4) In case the Commissioner gives notice of non-approval of an ordinance, variance
or inconsistent plat, either the applicant or the City Council may within thirty (30)
days of said notice, file with the Commissioner a request for hearing. If the
demand for hearing is not made within thirty (30) days, the notice of non-approval
becomes final. Where a hearing is requested it shall be:
a) The hearing will be held in the City of Andover within sixty (60) days of
the demand and after at least two (2) weeks published notice.
b) The hearing will be conducted in accordance with Minnesota Statutes.
c) The Commissioner shall certify his or her approval or disapproval
of the proposed action within thirty (30) days of the hearing.
The following table summarizes the permit and certification process within the land use
district designated by this ordinance.
Land Use District Permits
Action Necessary
Building Permits ............................ ............................................ ........ .....LP
Sign Construction Permits............................................................ ......... .LP
Septic Permits ............................................ ...................... ...................... .LP
Water Supply Permits .............................................................................LP
Grading, Filling Permits .........................................................................LP
Conditional Use Permits, General Conditional Use ........................PH-FD
Conditional Use Permits for Private
recreational developments ................ ................... ............... .PH -CC
Amendments to Ordinance ..............................................................PH-CC
Amendments to District Boundary ..................................................PH-CC
Inconsistent Plats ........................................ ...... ............... ............... .PH -CC
Planned Unit Development ..............................................................PH-CC
Variances .........................................................................................PH- W A
Plats .......................................................PH (notification not required) -FD
LP- Permit issued by the local authority in accordance with this ordinance and all
other local ordinances.
CC- Certification by the Commissioner of Natural Resources prior to final local
approval.
PH- Public hearing necessary by all local authority giving thirty (30) days notice of the
hearing to the Commissioner of Natural Resources.
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FD- Local authority forwards any decisions to the Commissioner of Natural
Resources within ten (10) Jays after taking final action.
W A- The Commissioner of Natural Resources shall submit, after notice of public
hearing and before the local authority gives preliminary approval, a written review
and approval or denial of the project.
Section 11. Enforcement.
It is declared unlawful for any person to violate any of the terms and provisions of this
ordinance. Violation thereof shall be a misdemeanor and shall be punishable as provided
under State law. Each day that a violation is permitted to exist shall constitute a separate
offense.
In the event of a violation of this ordinance, the City Council or the Commissioner of
Natural Resources, in addition to other remedies, may institute appropriate actions or
proceedings to prevent, restrain, or abate such violations.
Adopted by the City Council of the City of Andover on this 19th day of August, 1997.
ATTEST:
CITY OF ANDOVER
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Victoria V oIk, City Clerk
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