HomeMy WebLinkAboutOrd. 314 - Modifying and Updating City Code
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 314 SUMMARY
AN ORDINANCE MODIFYING AND UPDATING VARIOUS SECTIONS OF THE CITY
CODE AFFECTING RESIENTIAL, COMMERCIAL AND INDUSTRIAL PROPERTIES IN
THE CITY OF ANDOVER
STATUTORY AUTHORIZATION AND POLICY
Statutory Authorization
This Ordinance is adopted pursuant to the authorization and policies contained in Minnesota
Statute 462.
Policy
The purpose of this Ordinance is to eliminate conflicting language, clarify confusing language
and revise city code requirements for a variety of items from fences, animals and exterior
maintenance on residential properties to regulations for service stations, landscaping and
screening of commercial and industrial properties and new developments and others not listed
here. The amendments affect regulations in Titles 6,8,9 and 12 of the City Code.
GENERAL PROVISIONS AND DEFINITIONS
Jurisdiction
The provisions of this Ordinance shall apply to the City of Andover
Enforcement
The City Administrator or his/her designee shall have the authority to enforce the provisions of
this Ordinance.
Interpretation
Interpretation of the provisions of this Ordinance shall be held to be the minimum requirements
and shall be liberally construed in the favor of the governing body.
A printed copy of this Ordinance is available for inspection by any person during regular hours
of the City Clerk.
Adopted by the City Council of the City of Andover on this 4th day of October, 2005.
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Victoria V olk, City Clerk
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
ORDINANCE NO. 314
AN ORDINANCE MODIFYING AND UPDATING VARIOUS SECTIONS OF THE CITY
CODE AFFECTING RESIENTIAL, COMMERCIAL AND INDUSTRIAL PROPERTIES IN
THE CITY OF ANDOVER
WHEREAS, All revisions that are attached have been reviewed by the Planning Commission at
various meetings over the past six months; and
WHEREAS, The City Code has not been reviewed and updated in a comprehensive fashion to
remove ambiguities, eliminate conflicting language, clarify confusing language and revise city
code requirements for a variety of items. The amendments affect regulations in Titles 6,8,9 and
12 ofthe City Code.
NOW THEREFORE BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF
ANDOVER HEREBY ORDAINS:
The Zoning Code of the City of Andover is hereby amended as follows:
1) All attached revisions and referenced sections of City Code are amended as shown with
underlining being newly added language and strike-outs indicating language to be
removed.
2) All other sections of the Zoning Ordinance Shall remain as written and adopted by the
City Council of the City of Andover.
Adopted by the City Council of the City of Andover on this 4th day of October, 2005.
CITY OF ANDOVER
ATTEST:
d;;t;~iJdb
Victoria V olk, City Clerk
Revision # 2
6-3-1: DEFINITIONS
TRUNK HIGHWAYS: All Interstate hie:hwavs, all U.S. hie:hwavs, and all state
hie:hwavs.
Revision #3
12-2-2 DEFINITIONS
SIGHT TRIANGLE: On comer lots (including rural areas). nothing shall be placed or
allowed to grow in such a manner as materially to impede vision between a height of two
and one-half feet (2 1/2') and ten feet 00') above the centerline grades of the intersecting
streets within fifteen feet 05') of the intersecting street right of way lines. This restriction
shall also apply to the planting of crops and to yard grades that result in elevations that
impede vision within fifteen feet 05') of any intersecting street right of way lines.
Revision # 4
City Code 8-6-1 Vacation of Easements
8-6-1: VACATION OF EASEMENTS AND RIGHT-OF-WAY:
/.... Northglen First l.ddition: l. portion ofilie droinage and utility casement along the
west side of Lot 3, Block 3, Northglen, is hereby '/aeated resulting in a drainage and
utility easement from a point 10 feet easterly of the northwest lot comer to a point 10 feet
easterly of the southwest lot eomer. (Ord. 76, 5 20 1986)
B. Community Shopping Center: The drainage and utility easement O'ler the south 20.00
feet of Lot 1, Block 3, :\ndover Comm1:lflity Shopping Center, is hereby yacated. (Ord.
77, 7 15 19&6)
C. Nightingale Estates Third Addition: .^ill easement for turnaround purposes described as
fol1o'.\'s is hereby vacated: That part of Lot 1, Bloek 1 and that part of Lot 1, Block 2,
Nightingale Estates Third :\ddition, lying within that part of the SW 1/1 of the NW 1/1 of
Section 22, Township 32, Range 21, l..noka Connty, Minnesota, lyiRg within the
circumfereRee of a circle haying a radias of 60.00 feet, the center of said circle being a
point distant 60.00 feet Northwesterly of the Northwest comer of Lot 1, Block 1,
Nightingale Estates and distant 60.00 feet SOffilr.vesterly of the Southwest comer of Lot
1, Bloek 1, Nightingale Estates Second Addition, according to the recorded plat thereof in
Anoka County, Mhmesota. (Ord. 80, 1 21 1987)
D. Partridge Street In The Oaks: l.n easement fDr road purposes described as follows is
hereby vacated for road purposes but will be retaiRed for utility purposes: :\n easement at
the south end of Partridge Street in The Oaks S1:1bdi'/ision in the Northeast One quarter of
the South'liest One quarter of Section 273221. (Ord. 81, 4 21 1987)
A. General Provisions:
1. Vacations of easements or right-of-way may be granted or denied in any district by
action of the Citv Council.
B. Criteria For Granting Vacations of Easements or Right-Of-Way:
1. In granting vacations of easements or right-of-way, the City Council shall
consider the advice and recommendation of the City Engineer and the effect of
the proposed vacation on street, drainage and utility needs.
2. The Council shall also consider the proposed use of the easement or portion of
easement to be vacated.
C. Procedure:
1. 1.Pre-application Meeting: the applicant shall consult with the City Engineer to
determine whether the proposed vacation would conflict with street. drainage or
utility purposes. If it is determined that the proposed vacation will not negatively
affect street. drainage or utility purposes an application may be filed with the
Community Development Department.
2. Application: a completed application form must be submitted with the following
application materials:
a. Survey of the property indicating the location of all street. drainage and
utility easements and the easement or portion of easement to be vacated.
b. A legal description of the easement or portion of easement to be vacated.
c. The intended use of the easement or portion of easement to be vacated.
d. Any additional information necessary to demonstrate how modifications to
the existing conditions will satisfy street. drainage and/or utility needs.
3. Notice To Adiacent Property Owners: Property owners and occupants within
three hundred fifty feet (350') of the property in question shall be notified at least
ten (10) days prior to the City Council meeting, although failure of any property
owners or occupants to receive such notification shall not invalidate the
proceedings. Notification shall be by mail.
4. Public Hearing: The City Council shall hold a public hearing to review and act on
the application. The petitioner or representative shall be present to answer
questions concerning the proposed vacation.
5. City Council Action: The City Council must take action on the application within
sixty (60) days after the application has been received and determined to be
complete by the Community Development Department. The City may extend
review of the application an additional sixty (60) days provided a letter describing
the reason for the extension is provided to the applicant within the first sixty (60)
days.
6. Reapplication After Denial: No application for a yacation of easement or right-of-
way shall be resubmitted for a period of one year from the date of said order of
denial.
D.TimeLimit On Implementing Vacation of Easement or Right-of-Way: Ifthe City
Council determines that no significant progress has been made in the first twelve (12)
months after the approval of the application, the approval will be null and void.
E.Record Retention: Record of all vacations of easements and rights-of-way shall be
kept on file in the Communitv Development Department and office of the City Clerk.
Revision #5
8-6-2: STREET NAME CHANGES:
The following streets in the eity saa:!l be ehanged to those indieated herein:
The street presently unnamed between BUBk-er Lake Ihl1:11evard N'" and 136th Lane NW
in the Northwest Ql:larter ofthe Southwest Qaarter of Section 32, Township 32, Range
21, is hereby named ROSE STREET NW.
The grid street knOV.'R as .\LR^.TROSS STREET NW is hereby changed to .^.YOCET
STREET NW.
The street presently unofficially knovm as COMMERCL\L BOULEV:\RD NW bet'.veen
Ravon Street NW and Nightingale Street NW in the Northeast Quarter of the Southwest
Quarter ofSeetion 34, Township 32, Range 24, is hereby named COMMERCL\L
BOULEV f.RD NW.
The street knovm as COMMERCIAL BOULEV.\RD NW is hereby ehanged to
ST f. nON Pf.RK'N.\ Y NW bet'Neon Crossto'lm Boule'lai"d N'N and Hanson Boulevai"d
NW-
The street known as CONST.\NCE BOULEY.^.RD as located 800 feet east of Goldenrod
Street NW to University A'/enue, Seetion 13, TO'linship 32, Range 21, is hereby renamed
to OLD CONSTANCE BOULEVARD.
The street presently lmo'.vn as ELDORADO STREET NW is hereby renamed Nf. V f.JO
STREET NW.
The street knovm as ENCH.\NTED DR..T)'E shall be ehanged to NORTH ENCR^.NTED
DRIVE and SOUTH ENCHANTED DRIVE as follows: Starting at Genic Drive, then
so'l:lili.easterly to the south lot line ofPai"eel 4085 shall be kno....'i'l. as North Enchanted
Drive. Starting at the south lot line of Parcel 1085, then south and ,:..est to the intersection
ofDalcota Street shall be kno'.vn as South Enchanted Drive.
The street presently kno'.vn as FLORA STREET NW in Kadlec Addition, Section 9,
To'.vllsaiJ? 32, Range 21, is hereby renamed IVYWOOD STREET NW between 169th
Lane NW and I 70th A'/enue NW.
The streets presently known as GLf.DIOLA Lf.NE NW and EIDEL WEISS Lf.NE N\V
in Hunters Hollow ai"e hereby renamed to GL'\DIOLA STREET NW and EIDEL WEISS
STREET NW in Hunters Hollow.
Johnson's Oakmount Terrace, that street knO'.Vll as INC.^. STREET N'" shall be changed
to HOPI STREETNW.
The plat of Kio',va Terraee, that section of street in the southwest comer knOVIll as
M;'.Ki'.H STREET N'.ll shall be chaRged to 14i'.K;\H CIRCLE NW.
That section of street iR W oodridge .^.eres kRO'l1ll as QUINN DRIVE \vhich is parallel
'.vith the Rortheasterly bOlffidary liBe, from Crosstovlll Boulevard NW to the Rortft'.vest
comer of the plat shall be elumged to OSAGE STREETNW.
The street presently known as V.^.LLEY DRIVE as located 700 feet somh of Dakota
Street N'N to CSAH No. 7 (7th .^.veH:t1e NW), See-tioR 18, TowHship32, Raage 24, is
hereby renamed to OLD V.^.LLEY DRIVE NW.
VERDIN STREETNW, located iR SeetioBs 333224 and 34 3224, is hereby changed to
CROSSTO\VN BOULEV.^.RD NW from 139th to the somhern ei-ty limi-ts,and the
existing CROSSTOWN BOULEV.^.RD NW from 139th to Bunker Lake Boulevard N'N
is hereby reBaffied CROSSTO'NN DR..nlE.
The street presently kno'.'1ll as W:\RD U\KE DRIVE from 1 77th .^...venue NW to 18Ist
.^...venue NW iR SectioR2, Township 32, Raage 24, afld Section 3, TO'....'Rship 32, Range
24, is hereby renamed R'\NSmJ BOULEVARD NW.
That section of street lmown as 7TH .^... VENUE NW EXTENSImr, from 1 65th .'\ '/eR\:1e
NW to the Rorth shall be changed to JIV;\RO STREET NW, eorresponding to the city
street aRd grid system as sho'.'/Fl on map(s) on file at city hall and in the connty stir/eyor's
office.
The street preseRtly known as 136TH .^.VENUE NW between Crosstovlll Boule'/ard NW
and Ra'len Street NW is hereby changed to COMMERCI.^.L BOULEV.^.RD NW in the
.^ .ndover Commercial Park.
The street presently kno'.'.'R as 138TH LANE N'N behveen Lots 1 and 1 of Block 2,
Woodlcmd Creek 3rd .'\dditioR is hereby renamed IVYWOOD STREET NW and
HE.^. THER STREET N\V. The followiRg addresses are hereby chaRged:
3061 138th Lafle NW is chaRged to 13885 Ivy-wood Street NW.
3039 138th Lane N'N is changed to 13880 Heather Street NW.
The north/soma streets in Dehn's .'\ddition kno....m as 144 TH LANE NW shall be changed
to INC.^. STREET N'N and GU.'\RANI STREET NW, eorrespoRding to the city street
grid system. as shown oRmap(s) on file at city hall and in the connty surveyor's office.
That seetioR of street kno'.'/Fl as 116TH .^. VENUE NW from the interseetioR of 14 6th
.^.YeIH:le NW and Drake Street NW to the interseetion of 116th .^...venl:le NW and 116th
Lcme NW shall be ehanged to DR..^.KE STREET NW.
Loea.ted in Woodland Estates 1th }\ddition, that street lrno..vn as 152ND U\NE west of
Nightingale Street shall be changed to VETER.\NS MEMORIf.L BOULEV.\RD.
Woodland Oaks, that street known as 159TH L\NE N'N east of Xeon Street N'N shall be
changed to 159TH .^.VENUE NW.
The street presently knovm as 161TH L\NE NW west of f..rro'Nhead Street NW in
Lund's E'/ergreen Estates 2nd .'\.dditi0n is hereby renamed 1{)1TH f.VENUE NW.
The street preseBtly lrnOWI'l as 165TH L^.NE NW located ill. Lund's E'lergreell. Estates
Second f.ddition in the south half of too southeast quarter of Section 9, Tovmship 32,
Range 21, is hereby ehanged to I 66TH .^.VENUE NW.
The street presently kno':m as 169TH f.VENUE NW located in Sylvester's f.ddition,
Section 8, To':mship 32, Range 21, is hereby reRaHl:ed 169TH LANE NW. (.^.mended
Ord. 212, 3 18 1997; amd. Ord. 212E, 722002; Ord. 287, 3 1{) 2001; amended Ord.
287, 3 16 2001)
A. General Provisions:
1. Street name changes may be initiated by the City CounciL
B. Procedure:
1. Notice To Adiacent Property Owners: Property owners and occupants within
three hundred fifty feet (350') of the property in question shall be notified at least
ten (10) days prior to the City Council meeting, although failure of any property
owners or occupants to receive such notification shall not invalidate the
proceedings. Notification shall be by maiL
2. Public Hearing: The City Council shall hold a public hearing to review and act on
the proposed street name change.
3. Street Name Change Notification: The Building Department shall maintain a list
of parties to be notified of street name changes.
C. Record Retention: Record of all street name changes shall be kept on file in the office
of the City Clerk.
Revisions #6, 7 and 8
12-2-2 DEFINITIONS
LANDSCAPING: Planting, such as trees, grass, and s6!!.rubs.
LOT WIDTH: The maxil'l'l:l:ll'l.'l horizontal distance between the side lot lines of a lot measured
'sithin the first thirty feet (3D') of the lot aepth. at the front setback line.
MINING: The extraction of s:::md and gravel or other m3teri31 from the land in the
amount of four hundred (400) cubio Y3rds or more and removal thereof from the site
without prooessing.
Revision # 9
12-2-2: DEFINITIONS:
....
MISCELLANEOUS INDUSTRY: Manufactur.ng, wareaotlsing, and wholesaling of
food, elathiRg, nonaleoaolie beverages, lumberyaro, sigH and display 'Norle, printing and
poolishing, and boat and marine sales.
12-13-1: USES
Permitted, Permitted Accessory, R-I R-2 R-3 R-4 R-5 M-I M-2 GR LB
NB SC GB I
Conditional, and Prohibited Uses
Recreational vehicle, boat, and
P r
marine equipment sales
Revision #10 Planned Unit Development
Title 13 n Chapter 3. PLANNED UNIT DEVELOPMENT (PUD).
13-3-10 Revisions and Amendments. Administrative approval offl:l:ifteF incidental changes in the PUD may be
authorized by the City Planner upon review and approval by ARC. Such administrative approvals shall not
substantially alter the character of the approved PUD and shall be limited to landscaping (not including quantity
reduction), color schemes (not including materials). association documents. fencing, entrance monuments and
decks. Changes in uses or development/design standards must be submitted for a full public hearing review
process.
Revision #12
City Code 12-2-2 Definitions:
STORY: That portion of a building between a floor and ceiling with a minimum height of
seven feet (7'). A basement shall not be counted as a story in a residential structure.
Examples:
R 1, R 3, R 4, R 5
Minimum district requiremem/sq1:uH"e footage - 960 square feet
Minimum sqUai"e f-ootage requirements "full two story" (see definition of "floor ai"ea")
First flo or 80% x 960 - 768 square feet
Second flaOf eO%. x 960 - 57e sqUai"e feet
~
MiRiffil:ffil district requiremeEt/square footage - 1,200 sql:lai"e feet
Minimum sqUai"e footage requirements "full 1\'.'0 story" (see defimtioR of "floor area")
First floor 80% x 1,200 - %0 sqUai"e feet
Second floor eO% x l,200 - 720 sq1:lai"e feet
12-3-4: MINIMUM DISTRICT PROVISIONS:
R-1 R-2 R-3 R-4 R-5
Floor area per dwelling unit (s.f.)
See Floor Area definition for two story homes
1- family homes 960 1,200 960 960 960
Revision #13
CITY CODE 12-2-2 DEFINITIONS:
STREET: A public right of way which afferas the priaeipal means of aeeess to abutting property.
or private roadway intended to be used for passage or travel by vehicles. pedestrians. bicyclists.
and related maintenance activities. Streets may be local. collector or arterials as defined by the
Comprehensive Plan.
RIGHT OF WAY: A strip of land acquired by dedication, reservation. prescription or
condemnation occupied or intended to be occupied by a street. sidewalk. trail. snow storage.
traffic control signs and devices. utilities and utility structures and drainage.
CITY CODE 8-2-2 DEFINTIONS:
PUBLIC RIGHT OF '.V"^. Y: The area on, below, or above a public roadway, highway, street,
cart'say, bicyele lane and p1:1blic side'Nalk in which the city has an interest, including other
dedicated rights of..."ay for tra'lel purposes and mility easements of the city. It shall also include
l:ltility easemeats along side and rear lot lines. f. "right of way" does not inchlde the airwil'les
above a right of way with regard to cellular Elf other neB.-\vire telecol'l'llil1:l1lications or broadcast
servIce.
Revision #14
City Code 12-2-2 Definitions
THOROUGHF f.RE: These streets as SflOY/H OR the eity major thoroughfare ploo.
,
Revision # 15
12-3-1: NARRATIVE PURPOSE OF ZONING DISTRICTS:
Revision # 16
12-3-2: ZONING DISTRICTS ESTABLISHED:
For the purposes of this title, the city is hereby divided into the following zoning districts:
ZONING DISTRICTS ESTABLISHED:
Symbol Name
R-1 Single f3mily rur31 (low density) Sinale Family Rural Residential
R-2 Singlo bmily Debte (low donsity) Sinale Family Residential Estate
R-3 Single family suburban (medium donsity) Sin ale Family Suburban Residential
R-4 Single family urban Sinale Family Urban Residential
R-5 Manufactured Housing
M-1 Multiple dwelling fmedium-densityj Multiple Dwellina Medium Density
M-2 Multiple Dwelling
AgP Agricultural preserve (overby district) Aqricultural Preserve
GR General Recreation
LB Limited Business
NB Neighborhood Business
SC Shopping Center
GB General Business
I Industrial
12-3-3: PURPOSE OF E}....CH DISTRICT DESCRIPTION OF EACH
DISTRICT:
A. R-I Single Family Rl:lfa:l District: Sinale Family Rural Residential:
This district is intended to provide a residential atmosphere for those persons desiring
to retain a large parcel of land. Such large lots are logical in areas where development
into smaller lots would be difficult, or where public utilities will not be available in
the foreseeable future. Furthermore, larger houses are more costly and require larger
lots. Thus, to provide an area to accommodate those persons with the financial means
to erect a large house, it is necessary to have an area of large lots.
2. Land which is wooded, or which has a changing topography, and low land which
tends to be poor agriculturally is also the most expensive to develop for residential
sites and, after development, the sites tend to be expensive to maintain. Such areas are
the most interesting and most susceptible to large lot development. The district also is
intended to preserve productive land for agricultural use.
E. R-2 Single Family Estate District: Sinale Family Residential Estate: This district is
intended to provide a residential atmosphere for those persons desiring a single-
family neighborhood with a suburban density. The areas may be transitiona,! ones set
aside for variol:lS lot sizes to assure a ':fide selection oflmilding sites and
resubdivision at a later date. /\ density as proposed may permit economical
installatioR of se'Ner and water at a later date. Lots in this district created after
1978 and without Citv sewer and water must be at least 2.5 acres. This zonin!!
district was used for rural residential developments prior to 1978,
C. R-3 Single Family Suburban District: Sinale Family Suburban Residential: This
particular district is intended to satisfy those persons who prefer a medium sized lot.
Lots in this district created after 1978 and without Citv sewer and water must be
at least 2.5 acres. This zonin!! district was used for rural residential
developments prior to 1978.
D. R-4 Single Family Urban District: Sinale Family Urban Residential: This district
represents urban density use by single-family detached dwellings.
E. R-5 Manufactured Housing District: This district would permit all types of
manufactured housing including manufactured homes and modular houses, provided
public sewer and water is provided. (Amended Ord. 8, 10-21-1970)
F. M-l Ml:lltiple Dwelling District: Multiple Dwellina Medium Density: This district is
intended to provide a location for medium density attached dwelling units
(townhouses) with private entrances. These areas may be transitional, however, the
townhouse resident should have convenient access to all facilities provided for single-
family neighborhoods. This district's location shall provide sufficient space for
buffering from less intense uses. (Amended Ord. 8, 10-21-1970; amd. 2003 Code)
G. M-2 Multiple Dwelling District: This district is intended to provide a location for all
types of multiple dwellings. This district's location shall have convenient access to
all facilities provided for nei!!hborhoods, open space, and bufferin2 from less
intense uses. Access to an M-2 district shall be from a collector or arterial
roadway,
H. GR General Recreation District: This district is intended to provide a location for all
types of commercial recreation uses such as golf driving ranges, outdoor theaters,
racetracks, and snowmobile areas, most of which require large amounts ofland and
good separation from residential areas. This district's location shall provide
sufficient space for bufferin!! from less intense uses.
I. LB Limited Business District: This district is suitable only for commercial uses of a
limited (less intense) nature. This may be due to the close proximity of residential
uses. The LB district can be used as a transitional district or buffer between
noncompatible uses such as intense commercial (GB) and low density residential
uses. This district's location shall provide sufficient space for buffering from less
intense uses.
J. NB Neighborhood Business District: This district is used for retail sales and services
in such scale as to serve the surrounding neighborhood needs. Locations for
Neil!hborhood Business districts are tvDicallv small Dlots in close Droximitv to or
surrounded bv residential areas. NB zonine: districts do not require frontae:e on
an arterial roadway and can be served bv local and collector streets. However.
this district shall not be served exclusivelv bv local streets, This district's
location shall Drovide sufficient SDace for bufferinl! from less intense uses.
K. SC Shopping Center District: This zoning classification is reserved for modem retail
shopping facilities of integrated design in appropriate locations. Normany this zoning
classifieatioR '.'Iill not be giyen to speeifie lffideveloped land pareels; father, the
generalloeation of potemial shopping eenter sites will be iRdieated on the
eomprehensive plan. This will allow potential developers greater freedom in site
seleetion and reduee the possibility efnnder or O'ler zoning for comm.ereial
development. Potential shoppiRg eeRter sites should be zoned after there is actual
Reed shov.'R, and constnwtioR of the cemer can be expected '.':,ithiR t....iO (2) years
follo\ving SHea zoning. Locations for the SC district are larl!er Dlots that can
accommodate more intensive retail develoDment. Access shall be available from
arterial roadwavs, This district's location shall Drovide sufficient SDace for
bufferinl! from less intense uses.
L. GB General Business District: These are areas containing a wide variety of business
uses including retail, service and semi-industrial. As such, they may contain
businesses which tend to serve other business and industry as well as those catering to
shopper needs.
M. I Industrial District: These are areas that have the prerequisites for industrial
development, but because of proximity to residential areas or the need to protect
certain areas or uses from adverse influences, high development standards will be
necessary. I district uses include service industries and industries which manufacture,
fabricate, assemble or store, where the process is not likely to create offensive noise,
vibrations, dust, heat, smoke, odor, glare or other objectionable influences. Generally,
those include wholesale, service and light industries which are dependent upon raw
materials refined elsewhere. An industrial "park" which maintains high development
standards would be zoned I. This district's location shall Drovide sufficient SDace
for bufferine: from less intense uses. (Amended Ord. 8, 10-21-1970)
Revision # 17
12-3-3-B & C R-2 & R-3 ZONING DISTRICTS
12-3-3: PURPOSE OF EACH DISTRICT:
...............
B. R-2 Single-Family Estate District: This district is intended to provide a residential
atmosphere for those persons desiring a single-family neighborhood with a suburban
density. The areas may be transitioRal ORes set aside f-or '/ariol:ls lot sizes to assure a
'.vide seleetioR oflmilding sites and resubdiyisioR at a later date. .^. density as
proposed may permit economical installatic)fl of sewer afld '.'.'!iter at a later date. Lots
created after 1978 and without Citv sewer and water must be at least 2,5 acres in
size. No existin!! properties mav be rezoned to R-2.
C. R-3 Single-Family Suburban District: This particular district is intended to satisfy
those persons who prefer a medium sized lot. Lots created after 1978 and without
Citv sewer and water must be at least 2.5 acres in size. No existin!! properties
mav be rezoned to R-3.
Revision # 18
12-3-3-K SC ZONING DISTRICT DESCRIPTION
12-3-3: PURPOSE OF EACH DISTRICT:
..............
K. SC Shopping Center District: This zoning classification is reserved for modem retail
shopping facilities of integrated design in appropriate locations. Normally this zomng
classification ''villnot be given to specific undeveloped land parcels; rather, the
general location of pot-entia:l shopping center sites vAll be indicated OR the
comprehensi';e plan. This ''vill allow potential developers greater freedom in site
selection and reduce the possibility ofHRGer Elf oyer zoning for commercial
de';elopmeRt. Potential shoppiflg ceRter sites shmlld be ZaRed after there is actual
need ShOVill, and cORstruction of the center CaR be eKpected within two (2) years
follo':Ang such zoning.
Revision # 32
12-4-12 SHOPPING CENTER LOCATION REQUIREMENTS
Backl!round
This section is outdated. Many of the requirements outlined here are standard elements
of a Commercial Site Plan review and do not need their own section in the City Code.
This chapter describes requirements for the SC Zoning District. These requirements
belong in chapter 12-3, "Zoning Districts."
If the Council decides that some of the other requirements are useful, then those
requirements can be placed elsewhere in the Code.
ProDosed Chanl!e
Strike this section of the code. Other requirements and changes in the SC zoning district
are handled in Revision #16.
12 4 12: SHOPPINC CENTERS
L'\fry Hew structlli'es in a shopping center (SC) or neighborhood business (NB) district
ffil:lst be showR to fit into an overall plan for the shopping center. Before my Hew ffi"ea is
zoned, the follov.'iag eonditions must be met:
LA,.. The ffi"ea 'sill be located adjacent to a thoroughfffi"e or eollector street as shown on the
comprehensive plaa or as indicated as a potential shopping ceBter site or
neighborhood business site OR s1:16h plan.
E. Submission of a plot plaa ShO'l.'illg strnetl:1f"es, parking, drive'lffiYs, laadseapiag aad
screemng.
C. If eOBstl1:lction has not begun ',vithin t\'lemy fel:lf (24) mORths, er if the project is not
fifty percent (50%) completed withill fi'/e (5) years, any further development of any
type shall require a conditioaal use permit, and the planning and zoning commission
may move to initiate a rezoHfng book to that ill effect prior to neighborhood business
(NB) or shopping eeflter (SC) zoniag.
D. The ffi"ea zoned shall include at least t'liO (2) acres for neighborhood business (NB)
and fi'le (5) aeres for shopping center (SC).
E. L^illy at'ea Roted on the zoning map as "SC" '.vith 110 definite bonndary shall be
administered as fellev;s:
1. ORly eRe CElmer of any major road iRtersectiElR may Be zElRed for a shoppiBg ceRter (SC) at
!!frY eRe time.
2. The laRaEl'.'mer shall submit a plaB iR aCCElrdaBCe with the provisions of a planned unit
developmeRt lH...,
3. The city couBcil may graBt Elf aeny the request fof bllsiBess zoniag based UpOfl the plans
sllbmitted.
4. LA, market feasibility stua-y shall be submitted to iRdicate fleed, size alid future size.
V.mended Onl. 8, 1021 19(0)
Revision # 19
12 3 5 12-3-4 ZONING DISTRICT MAP:
The boundaries of the districts as established by this title are as shown on the map
published herewith and made a part of this title which map is designated as the "zoning
district map", which map is properly approved and filed with the zoning administrator.
The district boundary lines on said map are intended to follow street right of way lines,
street centerlines, or lot lines, unless such boundary line is otherwise indicated on the
map. In the case ofunsubdivided property or in any case where street or lot lines are not
used as boundaries, the district boundary lines shall be determined by use of dimensions
or the scale appearing on the map. All of the notations, references and other information
shown thereon shall have the same force and effect as if fully set forth herein and are
made part of this title by reference and incorporated herein as fully as if set forth herein at
length. (Ord. 8MMMMMM, 7-2-2002; amd. 2003 Code)
12 3 4 12-3-5 MINIMUM DISTRICT REQUIREMENTS:
A. Lot splits may be allowed with lot sizes that cannot conform to the minimum district
provisions as follows:
1. This provision shall only apply to lot splits which result in no more than two (2) lots.
Reduced lot standards shall not be considered for plats containing more than two (2) lots.
2. Each lot within the proposed lot split shall meet at least two (2) of the following
requirements for the applicable zoning district: lot width, lot depth, lot area.
3. Each lot within the proposed lot split shall provide at least ninety percent (90%) ofthe
requirement that cannot be met.
....
Revision # 20
12 <I 1: EFFECT OF ZONINC CILA~~CES ON COMPREHENSIYE PLA&N:
f...ny change in zoniag granted by the governing body shall amomatically amend the
eOffifJrehensive plan in aeeordance with said zoning ehange. (1\mended Ord. 8, 10 21
-l9+Qj
Revisions # 21 & 23
12-11-6: NON-CONFORMING LOTS OF RECORD:
A. An un-ulatted lot or uarcel of land for which a deed or contract for deed has been
recorded in the office ofthe Countv Recorder uuon. or urior to. October 21. 1970
shall be deemed a buildable lot. urovided:
1. It has frontal!:e on a uublic street ril!:ht ofwav which has been acceuted and is
currently maintained bv the Citv:
2. The area. width and yard spaee deuth are within sixtv uercent (60%) of the
requirements of this title,
3. Non-conforminl!: lots may be utilized for sinl!:le-familv detached uuruoses. but
said lot or uarcel shall not be more intensely develoued.
B, If anv ulat. for which ureliminarv auuroval has been l!:ranted bv the Citv Council
on or before October 21. 1970. was finallv auuroved and filed on or before October
21. 1971. lots contained therein shall be deemed buildable lots. and the urovisions of
this section not shall auuly,
12-4-3: Lot Provisions
LA.. BuiIaable Lot:
1. L\ lot or parcel ofland for which a deed or coffiract for deed naG been recorded in the
office ofthe county recorder UpOR, or prior to, the effcetive date of this title shall be
deemed a buildable lot, provided it has froRtage OR a public street right of'Nay whieh haG
been accepted and is cmrently maintained by the city, aEd said space reqHircmeats for the
district iR which it is located eaR be maiRtaincd or adjHsted to eoaform as follo'.\'s: a lot or
parcel of land of record l:lpOR the effecti';e date of this title which is iR a residential
district aRd which does not meet the reqWremeRts of this title as to area, width, or other
open space, may be utilized for single family detached parposes, provided the
measW'ements of sHch area, width aRd yard space arc ','.'itnin SiKty percent (60%) of the
requirements of this title; but said lot or parcel shall not be more intensely developed.
2. If any plat, for ',vhich preliminary approval has beeR graRted by the city eOlIDcil on or
before October 21, 1970, is finally approved aRd filed OR or before October 21, 1971, lots
contained therein shall be deemed buildable lots, aRd the provisioRs ofthis section shall
apply. IR all other eases, the provisions and requirements of this title shaH apply.
B. A. Number of Buildings Per Lot:
Except in Planned Unit Developments there shall be no more than one (1) principal
building on one (1) lot in all residential districts unless a resident chooses to live in an
existing home while a new home is being constructed. Within thirty (30) days of the
issuance of the Certificate of Occupancy for the newly constructed home, the older home
Reeds to shall be removed or demolished. The new principal building must be completed
within twelve months of the issuance of the building permit.
Go B. Access Drive:
1. An access drive, as defined bv section 12-2-2 of this code. to every principal building
shall be provided to everv urinciual buildinl! and cORstructed according to minimum
standards oEthe city '.'{fleR sueh hl:lildiag that is three hundred feet (300') or more from a
thoroughfare or street.
2. }.eeess to any street shoWR OR the adapted major tharoughfare plan shall req1;lire a curb
cut permit as issued by the city building official. V..mended Ord. g, 10 21 1970)
Revision # 22
12-2-2 DEFINITIONS:
....
ACCESS DRIVE: A road with a width of at least twentv feet, as required bv Fire
Code, constructed of material that can provide all-weather drivin!!: capabilities for
emer!!:encv vehicles.
Revision #24
12 4 4: BUILDINC HEICHT; DETERl\fIN.\TION OF SETB}1CKS:
.^.. Building Height: The height of strue-tures l:lsed for churehes, sehools, Rll:lltiple aftd
similar uses may exteRd to forty fi'/e feet (15') in residential distriets. NOROccUfJancy
struetures greater that forty fi'/e f-set (15') ill height shaH reql:lire a coaditionall:lse
permit.
B. Setbacks Determined: The required setback from an-y residential lot shall be at least
eq1:lal to the height, and the distance bet\yeefl any tW0 (2) detached priflcipal bl:lildings
shall be no less 1:hG:R one half (1/2) the sum of the heights of the two (2) structures;
except, that an-y structure exceeding forty fi'/e feet (15') iB height shall req&ire a
eoaditional use permit iB all distriets. (.'\mended Ord. 8, 10 21 1970; amd. 2003
GOOej
12-5-3: SETBACKS ADJACENT TO RESIDENTIAL AREAS:
C. The required setback of structures used for churches, schools. multiple and similar
uses shall be at least equal to the height of the structure or as reouired bv Citv
Code 12-3-4. whichever is l?:reater. , and the distance betweefl aft',' two (2)
detached principal buildiBgs shall be no less than one half (1/2) the sum of the
heights oftne tW0 (2) structures: except. that anI' structure e),eeeding forty fi'/e
feet (15') iB height shall require a cOflditioflal use permit in all districts.
City Code 12-3-4
Rl R2 R3 R4 ~S Ml M2
GR LB NB SC GB I
Height (maximum)
See City Code 12-13 for 35 35 35 35 35 35 35
35 35 35 45 45 45
exceptions allowed as
conditional use
Proposed New Matrix for City Code 12-13
Permitted, Permitted Accessory, and Zoning District
Conditional Uses
R- R- R- R- R- M- M-
G LB N SC G I
1 2 3 4 5 1
2 R B B
Churches exceeding height maximum C C C C C
C
up to 45 feet in height
Schools exceeding height maximum C C C C C C
C
UP to 45 feet in height
Revision # 29
n 4 Ii: .A..CCESS DRIVES:
f~ccess drives may be placed adjacoo.t to preperty lines; eRcept, that dri'fes consisting of
crushed reek er ether nonfinished swfaeing shall be no eroser than one foot (1 ') to any
side or rear lot line. (,^..mended Ora. 8, 10 21 1970)
n 4 7: 12-4-6: FARMING OPERATIONS:
....
n 4 8: 12-4-7: VACATED STREETS:
....
n 4 9: 12-4-8: PLATTING:
....
n 4 10: 12-4-9: CERTAIN DWELLING UNITS:
....
n 4 11: QU.\SI PUBLIC STRUCTURES:
(This section is being moved to become 12-4-5-D as part of another revision.)
....
n 4 12: 12-4-10: SHOPPING CENTERS:
....
Revision #30 and #33
City Code 12 1 9: Platting
A. }\'ll buildings hereafter ereeted l:lfJOB l:Hl.platted land shall be so placed that they will not
obstruct proper street extensions or other features of proper subdivision and land
planning.
B. LA.!1 subdivision of land shall be in accordance '.vith existing platting ordillilllces +++--;
(.^.melldedOrd. 8, 10 211970)
Citv Code 12-5-4: Setbacks f.!ong Thoroughfffi"es Building Setbacks and Future Street
Improvements:
A. In all residential districts along streets desigRated as thorol:lghfffi"es in the adopted
cornprehensi'/e plan, the minimum setback from the lot liRe shall be thirty five feet
(35'). In the ease of industrial districts, such miBimI:lffi setback shall be seventy five
feet (75'). (.^..mended Ord. 8, 10 21 1970; amd. 2003 Code)
IhA. Where the right of way width has nat been established an the thoroughfffi"e plan for
a countv road is less than one hundred twenty feet (120'), a one hundred ten foot
(100') (110') minimum setback from the centerline of all ~(isting thoroughfffi"es the
county road shall be required except in the R-4 Zoning District where the minimum
setback from the centerline of the county road shall be one hundred feet (100'). eases
'.'"here the existing one half (1/2) right ofvlay exceeds sixty feet (eO'), ill \vhich case,
a setback of forty feet (10') shall be maintained from the right of way line. (.^.mellded
Ord. 8, 10 21 1970)
B. All buildings constructed on properties that abut a street stub or temporary cul-de-sac
shall be required to be setback to accommodate the extension of a future street
through the property. The required setback shall conform to City Code 12-3-4 and be
measured from the edge of future right-of-way needed to satisfy the requirements of
City Code 11-3-3. In the eyent there are wetlands, floodplain or other obstacles to
direct street extension through the property. a feasible route for the roadway
extension shall be established prior to determining the setback required by this
section.
Revision #30 and #33
City Code 12-4-9 Platting
City Code 12-5-4 Setbacks Along Thoroughfares
Backl!:round
These sections attempt to protect future road extension and expansion by preventing
structures from being constructed in their path. City Code 12-4-9 is incorrectly titled and
too general and leaves too much room for interpretation. City Code 12-5-4 is applied to
thoroughfares and conflicts with the county road setbacks provided in City Code 12-3-4.
Proposed Chanl!:e
12-4-9 needs to be incorporated into 12-5-4 and rewritten to achieve enforceable
protection of street extension and adequate setback for future road and R -0- W expansion.
City Code 12 1 9: Platting
.\. .^JI buildings hereafter erected upon unplatted land shall he so placed that they will not
obstruot proper street extensions or other features of praper sabdivision and land
planning.
B. .^Jl sabdivision of land shall be in accordanee '.vith eJdsting platting ordinaBcesH1....,
(.^...mended Ord. 8, 10 21 1970) (This is covered by Title 11, Subdivision
Regulations),
Citv Code 12-5-4: Setbaoks .AJong Thoroughfares Building Setbacks and Future Street
Improvements:
A In all residential districts along streets designated as tharol:lghfares in the adopted
eomprehensi';e plan, the minimum setback from the lat line shall be thirty fiye feet
(35'). In the ease afiRdustrial districts, saeh miniffil:lIR setback shall be seventy five
feet (75'). (.^...mended Ord. 8, 10 21 1970; amd. 2003 Code) (This is covered in City
Code 12-3-4 Setbacks from County Roads)
fhA. Where the right of way width has not been established on the thorol:lghfare plan for
a county road is less than one hundred twenty feet (120'), a one hundred ten foot
(100') (110') minimum setback from the centerline of all existiRg thoroughfares the
countv road shall be required except in the R-4 Zoning District where the minimum
setback from the centerline of the county road shall be one hundred feet (100'). eases
'.vhere the eJdsting one half (1/2) right of way e-xeeeds sixty feet (60'), in whieh ease,
a setback offorty feet (10') shall be maintained from the right of way line. (.'\mended
Ord. 8, 10 21 1970)
B. All buildings constructed on properties that abut a street stub or temporary cul-de-sac
shall be required to be setback to accommodate the extension of a future street
through the property. The required setback shall conform to City Code 12-3-4 and be
measured from the edge of future right-of-way needed to satisfy the requirements of
City Code 11-3-3. In the event there are wetlands, floodplain or other obstacles to
direct street extension through the property. a feasible route for the roadway
extension shall be established prior to determining the setback required by this
section.
Revision # 34
12-6-4: Size and Construction Requirements
C. The attached garage and detached accessory buildings on a residential parcel in the R-
4 zoning district, or any property less than one acre, shall not exceed one thousand
two hundred (1,200) square feet total, and in no case shall the detached accessory
building be greater than fifty percent (50%) of the total square footage ofthe
foundation of the principal structure.
Revision #37
12 (I (I: USE RESTRICTIONS:
.^.. Prplate Garages: .^. pri,/ate garage in a residential distriet shall not be Htilized for business or industry.
Further, not more thaH Elfte half (1/2) of the spaee ma-y be rented for the private yehieles of persons
not resideftts eft the premises; e~(eept, that all ilie space in a gafage of ene or tv/o (2) ear eapacity may
be se rentea. Such garage shall Il.Elt be used for more tflaH Elll.e '/ehiele registered as a commereia-I
",ehicle with the state ofMill.nesElta. Saia ",ehiele Im:Ist be regiilterea tEl the prElperty lessor or relative
li'/ing on the pr-emises, and the gross ....eight Elf such commercial vehiele shall nElt ~(eeecl twelve
thollsancl (12,000) pOlill.aS gross capacitJ'.
B. Stora-ge Of Trliek Tractors: In an R I er R 2 sill.gle family resiaential district on a parcel of at least
three (3) aeres ill. size, one trlick traetor may be stored withill. all. aeeessory building. This shall not
inclllde the parkiag ef semitrailers,
C. Parkill.g Trucks: Vehides exceeding tell. thEllisafta (19,900) pOllftaS grElSS weight shall be parked in a
garage or along the siae or rear of a residell.tiallet. SHeh 'lehicles shall not be parkea ill. the front yard.
(Ora. gNHNNNN, 71(2992).
12 14 19 C.5.
5. RestrictiElll.s Oil. Certaill. Uses: In an R 1 or R 2 sill.gle family residential distriet Eln a parcel of at
least three (3) acres in size, Elne truck traetElr may be stored withill. an aeeessory bllilding. Dader Il.e
circHmstaHees shall the reqliired parking faeilities allElw for the parking Elf semitrailers.
New Section 12-14-10 C.3.C :
C. General Provisions:
3. Permitted Use Of Parking Area:
c. Private Garages: A private garage in a residential district shall not be utilized for business or
industry. except as allowed bv Section 12-10-3 of this code. Further, not more than one-half (1/2) of
the space may be rented for the private vehicles of persons not residents on the premises; except, that
all the space in a garage of one or two (2) car capacity may be so rented. Such garage shall not be
used for more than one vehicle registered as a commereial vehiele with the state of Minnesota. Said
vehicle must be registered to the property lessor or relative living on the premises, and the gross
weight of such commereial vehicle shall not exceed twelve thousand (12,000) pounds gross capacity.
Revision # 38
CHAPTER 7
FENCES AND WALLS
SECTION:
12-7-1: Permitted Use
12-7-2: Permitted Locations
12-7-3: Regalations Related To Fence Height i\nd "lie'll Obstructions
12-7-4: MaiRteflance and Repair Performance Standards
12-7-5: Barbed Wire and Electric Fences
12-7-6: Exemptions From Provisions
12-7-1: PERMITTED USE:
Fences, walls, hedges and similar barriers (herein referred to as fences) shall be permitted
in all yards subject to the provisions of this chapter. No permit is required for the
construction of a fence,
12-7-2:PERIVUTTED LOCATIONS:
A. Fences shall be located entirelv on the private property of the individual
constructine: the fence. Fences may be placed up to the property line. It is the
responsibility of the property owner to determine the location of property lines.
AHy-,Eences, hedges, and walls may be located in any private yard or along a side or
rear property line, except as follows: unless the city deems it necessary to access the
area for drainage and utility purposes.
1. No fence shall be placed in the public rie:ht-of-wav.
2. Fences shall not be placed in any utility easement where anv under
e:round utility is present. Fences mav be placed within other utility
easements so lone: as thev do not interfere in anv wav with existine: under
e:round or above e:round utilities. The existence and location of private
utility easements and equipment must be determined bv contactine:
Gopher State One Call.
3. Fences shall not be constructed or placed in such a manner so as to
obstruct the flow of water to or throue:h drainae:e areas. ponds. or
wetlands. Fences shall not be placed in easements that provide vehicle
access for the maintenance of draina2:e. pondin2:. or wetland areas.
4. No fence shall be constructed so as to enclose. hinder. or restrict access to
utilitv boxes. fire hvdrants. or anv other above 2:round utilities.
5, Fences on corner lots shall not encroach upon the Clear View Trian2:le as
defined in 12-2-2 of this code.
B. Anv fence placed in violation of this section shall be the liabilitv of the propertv
owner who constructed it. The Citv. or anv other a2:enCV havin2: authoritv to
work in a ri2:ht-of-wav or easement area. shall not be liable for repair or
replacement of such fences in the event thev are moved. dama2:ed. or destroved
bv virtue of the lawful use of that area. Anv dama2:e caused bv the ille2:al
placement of a fence shall be the responsibilitv of the propertv owner who
constructed it.
12-7-3: RECUL'\TIONS RELA~ TED TO FENCE HEIGHT f....:"fD VIEW
OBSTRUCTIONS:
A. f.ny f-cnee, hedge, or wall in e](eess of six f-eet (6') in height shall meet the
miRimum reqtlired builEliag setback for the zoning distriet iR which it is leeated and
shall not ereate a traffie hazard. In the side and rear yards. behind the principal
structure. fences up to a hei2:ht of six (6) feet are allowed.
B. f.ny f-enee, hedge, '.vall, or similar barrier leeated in the minimum reqtlired front
yard setback shall not be over f-our feet (4 ') iR height or eBstrnct vision and thereby
create a traffie hazard, exeept for the fellovling: "emamental f-eases", as defiFled in
seetien 12 2 1 of this title, in R 1 siRgle family rural residential and R 2 siFlgle
family estate zoniRg aistricts, provided the fence conforms '.'lith traffic visibility
requiremeffis and is Rot greater than six feet (6') in height. Fences located in front
of the principal structure. or in side yards adiacent to the street on corner lots.
shall not exceed four (4) feet in hei2:ht. In the R-l Single-Family Rural
Residential and R-2 Single-Family Estate zoning districts, "ornamental fences", as
defined in section 12-2-~-l- of this title, of UP to six (6) feet in hei2:ht are
permitted, provided the fence eORfoTIns to tra-ffic yisibility requirements does not
encroach upon the Clear View Trian2:le as defined in section 12-2-2 of this
code. and is not greater than six f-cet (6') iR height.
12-7-4: MAINTENf..NCE ,A..ND REPAIR PERFORMANCE STANDARDS:
f.ny fence, hedge, wall, or similar barrier whieh is not properly mafffiained so as to
create an eyesore or nuisance shall be femo'/ed or repaired to an original condition
by the owner upon action by the city conneil.
A. Construction and Materials: Everv fence shall be constructed
In a
workmanlike manner, For all fences constructed after the adoption of this title
(date), all posts, supports, and framework shall be placed on the inside of the
fence, with the finished side facing the abutting propertv or street. Fences in
all districts shall be constructed of materials widelv accepted in the fencing
industrv. No plvwood boards, canvas, plastic sheeting or metal sheeting shall
be used for any fence construction. No fence mav have boards, planks, or
panels larger than twelve (12) inches in width,
Chain-link fences shall be constructed in such a manner that the barbed end is
at the bottom of the fence.
Silt fences shall only be allowed on construction sites or where deemed
necessarv to prevent soil erosion.
Snow fences shall only be allowed between November 1st and April 15th.
B. Maintenance: All fences shall be maintained in good condition and vertical
position. Any missing, broken, incomplete, or deteriorated sections of fencing
material or structural elements shall be replaced with the same quality of
material and workmanship.
All exterior wood surfaces, other than decav resistant woods, shall be protected
from the elements and decav bv a protective covering or treatment. If twenty-
five percent (25%) of the surface is peeling, cracked, chipped, blistered, or
weathered bevond effectiveness, the exterior surface shall be refinished.
Anv fence not in conformance with this subsection shall be declared a nuisance
and repaired so as to be in conformance or removed by the property owner.
12-7-5: BARBED WIRE AND ELECTRIC FENCES:
A. A security arm for barbed wire to a maximum of eight (S) feet ~ may be permitted
by conditional use permit in any industrial or business district~.
B. Barbed wire and electrical fences shall not be permitted m on platted residential lots
of less than two and one half (2.5) acres. .^.. sixty (60) day amortizatioR period shall
be established for non6onforming fences. (Ord. 8PPPPPP, 8 20 2002)
12-7-6: EXEMPTIONS FROM PROVISIONS:
Fences which are for the sole purpose of containing fann animals are not subject to
the provision of this title. (Ord. 8PPPPPP, 8-20-2002; amd. 2003 Code)
Revision #39 (Code Section 12-S-2)
12 8 2: .AAP.\RTMENT8:
In recommending the gras.ting of conditional use permits for structures containing two (2)
or more d'.velling ooits, the governing body shall fiIKl that tae proposed de'/elopment plan
is is. soostas:tial complianee '::-ita the apartffies.t policy statements on file '.vith the
planning and zos.iRg commission as apprsved. (.^.mended Ord. 8, 10 21 1970)
Revision #40 (Code Section 12-S-3)
12 83: DENSITY ZONINC:
Siagle family homes may be excluded :from lot area and setbaek requirements, provided a
conditional use permit is issued under terms of the planned l:ll'li-t deyelopment provisions
of this code.J.B . In the alternative, the eity eouneil may require alllaad so exclooed from
the lot area to remain ill private ownership bat require the o\'mer to record restrictive
covenants, ill favor of the city, 'Nhich v.'0l:lld prohibit the de'/elopment of such property
until slieh time as pClblie utilities are available. Vunended Ord. 8, 10 21 1970)
Revision #41 & #42
Add Definition to 12-2-2:
LIQUID STORAGE SYSTEM. LIQUID STORAGE TANK or TANK. Anv one or a combination of
containers in:cluding tanks, vessels. enclosures. or structures and underground appurtenances
connected to them, that is used to contain or dispense an accumulation of liquid substances deemed
by the city to pose a threat to the public's health. safety or welfare.
12-8-7: IH:JbK:LIQUID STORAGE TANK:
A. Conditional Use Permit Required For Certain Materials: All uses, including pipelines, associated
with the bulk storage of oil, gasoline, liquid fertilizer, chemicals and similar liquids shall require a
conditional use permit in order that the governing body may have some assurance that fire, explosion
or water or soil contamination hazards are not present that would be detrimental to the public health,
safety and general welfare. All tanks that could contain hazardous and/or flammable liquids having a
capacity in excess of one thousand (1.000) gallons shall be required to obtain a Conditional Use
Permit and a permit from the Fire Department prior to installation. exceptions are noted below. All
public agencies (including school districts. city. county and state) shall be entitled to applv for a
Conditional Use Permit for a tank regardless of the zoning district that they are located in.
g, Eldstiag Storage Tanks:
1. l.ll existing, abovegfElUnEl liElHid storage tallies having a caj'lacity in excess of one thousallEl (1,000)
gallons shall seCHre a coaElitional Hse j3ermit wifhia twelve (12) IHElRths f-allowing eaaetlHent of this
title,.
B. * The governing body may require the development of diking around said tanks, suitably sealed, to
hold a leakage capacity equal to one hundred fifteen percent (I 15%) of the tank capacity.
3. l.ny eldsting storage tank that, in the oj3iaiEln of the geveming beEly, cElastitHtes a hazarEl to the
public safety shall diseentiaHc efleratioHs withia five (5) years followiag eaactment ofthis title.
(.^.lHeHEled Ord. 8, 19 21 1979)
C. Prohibitions
All liquid storage tanks not listed as a Conditional Use in the Uses table (refer to Section 12-13) or as
an Exception (as noted in Section 12-8-7 D.) shall be prohibited.
D. Exceptions.
The provisions of this subchapter do not apply to:
1. Existing home heating oil tanks, including those located in basements. cellars. if
the storage tank is located upon or above the surface of the floor;
2. Septic tanks.
3. Small (20-30 lb.) propane tanks used on barbeque grills.
E. Installation. Alteration, Repair or Removal Permits.
1. The installation. alteration. repair or removal of anv liauid storage system governed bv
this subchapter requires permits issued bv the Fire Chief pursuant to the provisions of the
Minnesota State Fire Code and any other applicable code. ordinance. statute. rule pr
National Fire Prevention Association Standards;
2. Permits and fees. The issuance of permits and the collection offees shall be in
accordance with the fee schedule adopted bv the City Council in the amount provided bv
the fee resolution. set forth in this code;
3. The Fire Chief may deny a permit to persons not capable of performing pursuant to
ordinance requirements.
I
Revision #43
1289:12-10-12: IN HOME BEAUTY SALONS AND BARBERSHOPS:
In home beauty salons/barbershops shall be subject to the following:
A. Drawings Submitted: Drawings detailing the salon/shop shall be submitted at the time
of the request for the conditional use permit.
B. Compliance With State Requirements: The salon/shop must comply with the state
cosmetology board and the state barbers board requirements.
C. Number Of Chairs: One chair salon/barber only.
D. Hours Of Operation: The hours of operation shall be approved by the city council.
E. Parking: Parking requirements shall be as set out in section 12-14-10 of this title.
F. Nonsewered Areas:
1. In nonsewered areas, the septic system must be in compliance with title 10,
chapter 4 of this code. A beauty shop/barber shop shall be considered the
equivalent to one bedroom in terms of usage under title 10, chapter 4 of this code.
2. In nonsewered areas, a minimum of thirty nine thousand (39,000) square feet of
lot size shall be required.
3. In nonsewered areas, the septic system shall be inspected annually before the
conditional use permit is renewed.
G. Annual Review: The conditional use permit shall be subject to an annual review.
H. Occupancy By Owner: The beauty shop/barber shop shall be owner occupied.
I. Termination Of Use Upon Sale Of Property: Upon sale of the premises for which the
conditional use permit is granted, such permit shall terminate. (Amended Ord. 8, 10-21-
1970)
Revision #44
128 10: RET.^.IL SHOPPING IN INDUSTRIAL DISTRICTS:
Retail shopping in iBGustrial Gistrie-ts shall be subject to the followfag:
.^.. The conditional use permit shall be s1:1bjeet to al3. annI:lal review.
B. Detailed dravlfBgs of the building to be used or conyerted shall be submitted.
C. The ]:lse that the retail shopping is to be put shall be stated.
D. Parking requirements shall be as set O]:lt in seetiafl12 15 10 oftms title.
Repetitive.
E. .\ gefl:eral iB-veRtary shall be provided along with other items determined necessary by
the eity cormcil. (.^.mended Ord. 8, 10 21 1970) See staff comments under part C.
Revision #45
12 9 SERYICE ST,4ATIONS
12 9 1: SITE AND STRUCTURE REQUlREMENTS:
},. Drainage System: ,4, drainage system slibjeet te &flproyal by the governing body shall be
installed.
B. Curbs: i\ be~, elirb not less than sill iHehes (6") aboye grade shall sepaffite the pHblie right of
way from the meter 'lehiele seryiee areas, e~(eeflt at appro'led eHtraftCes and ~dts.
C. Driveway: }Ie driveway at a property line shall be less than f{)rty f{jet ( 4 0') from the
iHterseetion oftwe (2) street right oh,ay liBes.
D. SMrfaee Materials: The eHtire site, other than that taken lip by a stnwtare er plaHting, shall be
sl1rfaeed wit-il. asphalt, eonerete, er ether material &flproved by the gO'lerning body.
E. Loeation OfPlimp Island: Pump islands are su~eet to yard requiremems.
F. Sereening Of Garbage i\nd Refuse Storege i\.-reas: ,^.I1 areas milized f{)r the sterage or disposal
ef trash, debris, disearded parts, or similar items shall be fully seroeHed. (AmeHded Ord. g,
1921 1970)
12 9 2: PARKINC VEIllCLES:
}.. We yehieles shall be parked en the premises ether than those milized by empleY<3es er awaiting
serYICe.
B. No vehiele shall be parked awaiting serviee longer than thirty (39) days. (l.mended Ord. S, 19
21 1970)
12 9 3: EXTERIOR STOR.:\CE:
I.. Exterier sterage shall be limited to vehieles ef employees, vehieles lP,;aiting service, serviee
eEfHipmeHt and items off-cred fer sale on pump islands.
B. /.11 ether e~(terior sterage shall be limitee to items offeree fer sale, pro'lided they are within
yard requirements and are leeated in eontainers sHeh as tire meks, metal trays, and similar
strnetures designed to displa-y merehandise. (l.mended Ord. g, 19 21 1970)
12 9 ~: l\UINTENA.:"TCE REQUIREMENTS:
1.11 strnetMres and grouHds shall be maiHtained in a Heat, orderly, eleaH, and sa-f-e mar.ner.
(/\meneee Ord. g, 19 21 1970)
The following definition should be added to section 12-2 and to the conditional uses table in
section 12-13:
AUTOMOBILE SERVICE STATIONS. All premises whereon the owner or occupant conducts the
business of furnishing. selling or dispensing motor fuel and liguified petroleum for motor
vehicles. These regulations shall also pertain to automobile repair. service and painting
establishments.
12-8-11: AUTOMOBILE SERVICE STATION
The regulation of automobile service stations strives to achieve compatibility ofthese stations
with adiacent and abutting land uses. In addition. such regulation is intended to protect the public
health. safety and general welfare bv mitigating and potentiallv detrimental aspects of automobile
service stations, including potential traffic hazards. noise. light glare at night. outdoor storage of
merchandise. indiscriminate advertising. environmental health hazards. and the like. Automobile
service stations shall be subiect to the following:
A. All new buildings, the site. tanks. piping and dispensing stations, shall complv with the
current provisions of the International Building Code. Minnesota State Fire Code. and all
provisions related to underground liauid storage svstems required in section 12-8-7 of
this code.
B. Building permits shall not be issued for new construction or remodeling of facilities
unless Fire Department approval has been received.
C. Hours of operation will be approved bv the City Council.
D. The site plan shall show parking areas for customers, emplovees. service vehicles and
those needing repair; and no other areas of the site will be allowed vehicle parking. No
vehicle shall be parked awaiting service longer than ten (10) days. Inoperable vehicles
are regulated per section 6-5 of city code.
E. Pump islands are subiect to setback requirements.
Exterior storage and sales shall onlv be allowed as approved through the conditional use
permit.
Revision # 46, 47, 48, 49
12-10 HOME OCCUPATIONS
12-10-1: PURPOSE:
The purpose of this chapter is to prevent competition with business districts and to
provide a means through the establishment of specific standards and procedures by which
home occupations can be conducted in residential neighborhoods without jeopardizing
the health, safety and general welfare of the surrounding neighborhood. In addition, this
chapter is intended to provide a mechanism enabling the distinction between permitted
home occupations and nonconforming or customarily more sensitive home occupations,
so that nonconforming home occupations may be allowed through an administrative
process rather thana legislative hearing process. (Amended Ord. 8, 10-21-1970)
12-10-2: PERMITTED HOME OCCUPATIONS; LOCATION
RESTRICTIONS:
All home occupations which conform to all of the following provisions may be
conducted entirely within the principal structure. Home occupations shall not be
conducted in a garage or accessory building unless the property owner conducting the
home occupation has obtained a conditional use permit as stated in section 12-10-3 of this
chapter or has obtained a special home occupation permit as stated in section 12-10-4 of
this chapter.
A. Permitted Home Occupations Enumerated: Permitted home occupations include, and
are limited to: art or photo studio, dressmaking, secretarial services, professional
offices, repair services, or teaching services limited to three (3) students at anyone
time and similar uses.
B. Number Of Employees: The number of employees shall be limited to one person on
site in addition to family members. (Amended Ord. 8, 10-21-1970)
C. Amount Of Building Space Used: The area within the principal structure used by the
home occupation shall not exceed twenty percent (20%) ofthe dwelling's livable
floor area. Basements may be included if they meet all state building code
requirements. (Amended. Ord. 8, 10-21-1970; amd. 2003 Code)
D. On Site Sales: On site sales shall be prohibited, except those clearly incidental to
services provided in the dwelling.
E. Dwelling Changes: Any interior or exterior alterations of a dwelling for a home
occupation shall be prohibited, except those customarily found in a dwelling.
F. Vehicles: Vehicles associated with a home occupation shall be limited to one vehicle
on the premises (said vehicle shall not exceed gross capacity weight of 12,000
pounds).
G. Signs: Signs shall be regulated as stated in section 12-14-9 of this title.
H. Performance Standards: No home occupation shall produce light glare, noise, odor or
vibration that will in any way have an objectionable effect upon adjacent or nearby
property.
I. Supervision: The home occupation shall be conducted by at least one member of the
family who resides in the dwelling unit.
J. Building And Safety Requirements: The home occupation shall meet all applicable fire
and building codes. (Amended Ord. 8, 10-21-1970)
12-10-3: HOME OCCUPATIONS IN ACCESSORY STRUCTURES:
EXTERIOR STOR\CE REQUIRED:
A. Conditional Use Permit Required: A conditional use permit shall be required for the
following home occupations that are located in an accessory structure or detached
garage and/or require exterior storage:
1. Cabinet making.
2. Woodworking.
3. Repair services.
4. Similar uses as those stated in subsections Al through A3 of this section.
B. Conditions Of Permit: These home occupations shall be subject to the following
conditions:
1. Lot Size: The size of the lot or parcel ofland shall be three (3) acres or larger.
2. Area Of Use: The combined square footage of the accessory structure and/or
outside storage area utilized by the home occupation shall not exceed eight hundred
(800) square feet.
3. Setbacks: Setbacks ofthe accessory building and outside storage area shall be of a
magnitude found necessary by the city, but in no case shall there be less than a one
hundred foot (100') front yard setback, thirty foot (30') side yard setback and fifty foot
(50') rear yard setback or as required in section 12-3-4 of this title.
4. Storage Restrictions: The outside storage area and all commercial vehicles,
materials and equipment for the business being stored on site shall be fenced,
landscaped and screened in such a manner as to prevent them from being visible at
any time ofthe year from road rights of way, public properties and surrounding
properties.
5. Other Requirements: All provisions in section 12-10-2 of this chapter. (Amended
Ord. 8, 10-21-1970)
6. Termination of Use Upon Sale ofPropertv: Upon sale of the premises for
which the conditional use permit is l!ranted. such permit shall terminate.
12-10-4: NONCONFORMING HOME OCCUPATIONS:
Properties that had nonconforminl! home occupations prior to the adoption of this
title (Mav 15th. 1990) were l!iven an opportunitv to applv for a Special Home
Occupation Permit. Those that were e:ranted a permit are on file with the
Department of Communitv Development and may continue to operate. However.
thev shall not increase in extent. number. volume. or scope from anv of the
information stated in the permit. or the permit will be subiect to revocation.
1'.. Special Herne OcetIfJatioa Permit R-equiree; Cefteitioas: .\11 resieeats that ar-e ooa6uetiag a
home seeuflatioa or busiaess that aees Bot oOBfGrm te the staRdams statea ia seetioas 12 1 Q 2
lffie 12 10 3 Elf this ohaflter aHd ha'/e esaelfetee sueh busiftess at their resieeftee ia the aity
prior to May 15, 1999, are required 1s make applieatieB f-ar a speeialhome eeel:lpatioB permit
(aH admiaistFati'ie permit) aHd shall eemply with the folloY/iag eeaaitieBs:
1. The resieoat oGftalfetiBg sueh BeBeoaformiBg home oeetIfJatiea shall demeastFate prooho
the eity that he/she has eoadlfetea sueh home eeclIpatioB at the ClIfI'eat address or
resiaenee prier to May 15, 1990.
2. COHlfllete a speeial home eeeuflatioa permit applieatiGa whieh doeumems the f{)llowiag
eHfrent activit)' or esaaitioas loeatee en site:
1. Description sf heme oeeuflatien.
2. }!l:Imber of employees.
3. LoeatieB aRa area within prineiflal st:rueture aHa aeeessory bliilaiRgs utilize a by the
heme eeollflatien.
4. Leeatiea aBd size ef exterior stElmge (all ~Lteri8r storage shall eomfJ~Y with seotieR 12
14 5 of this title, soreening).
5. Iatenaea days aBa hours of sfleration.
6. NHmber aRd types ofvehieles.
7. ABY other relevant aetiyity.
3. UpOB eompletioB of sHeh lij3plieatioB, the applieant shall enter into an agreemeHt with the
eily that oHtliRes the earreRt aetivity or eORditioRs OB the property. The eliffeHt aeti',ity or
eORditioRS OR the property as stated iR the permit applieatioR shall be aebered to and shall not
be iRereased or enlarged.
4. The home oeeapatioB shall not inerease in e),tent, BHmber, volHme or seofle from any of the
information stated in the permit applieation, or the pennit 'sill be sabj eet to reyoeation.
B. Time Limit For Filing l\.pplieation Or CompliaBee: The resideHt eORdaetiRg slieh
nonconforming home oeeHpation shall have one year from the date of the adoption of this seetion
to make aflplieatiEJn for said flermit or eEJffij3ly with the flrEJ',isioRS stated in seetioRs 12 10 2 an.d
12 10 3 ofthis ehlij3ter. (/.mended Ord. ll, 1021 1970)
12-10-5: CONDITIONAL USE PERMITS:
Conditional use permits granted in section 12-10-3 of this chapter shall follow the criteria
established in section 12-15-6 of this title. These permits shall be valid for one year from
the date of issuance (unless otherwise specified in the resolution for approval) and
thereafter shall be automatically renewed each year unless objections or complaints are
received or the conditions ofthe permit are not adhered to. (Amended Ord. 8, 10-21-
1970)
12-10-6: SPECIAL HOME OCCUPATION PERMITS:
A. Temporary Permits: Special home occupation permits granted by section 12-10-4 of
this chapter shall be temporary in nature, and shall be granted to a designated person
who resides at the address the home occupation is being conducted.
B. Nontransferability Of Permit: These permits shall not run with the land and shall not
be transferable.
C. Renewal Of Permit: Special home occupation permits shall be automatically renewed
each year unless objections or complaints are received, or conditions of the permit are
not adhered to.
D. Termination Of Permit: If the special home occupation permit holder expires or moves
to a new location, the existing permit shall automatically terminate. In the case of
death or other separation, the family member(s) remaining at the same address
mav continue the home occupation if written notice is given to the Department of
Communitv Development and authorization for the continuation of the permit is
given with Council approval. em?eflt in the ease af death if a sur/iying spouse
residieg at the same address desires to eaetiooe the home occupation, '.\Tittee Rotiee
to that effect shall be giveR ta the pllHlffing amI zoeieg depar.meffi, and authorization
shall be gi'/eR fer eoetirmatioe efthat permit. V\mended Ord. 8, 10 21 1970)
12-10-7: INSPECTIONS:
There may be one annual inspection each year made by the city administrator or
administrator's designee of the property covered by a conditional use permit or special
home occupation permit. In addition, the city administrator or the administrator's
designee shall, upon reasonable request, enter and inspect the premises covered by said
permit for compliance purposes. (Amended Ord. 8, 10-21-1970)
12 10 8 COMPLA...INT PROCEDURE:
A: Ty~es Of Complaints: Complaillts filed with the plannieg and zoning department in referenee
to a Rame aeelipatiaH fer whieh a permit has BeeH isslied by the dty shall Be ene er mere ef
the f-ollo\viHg types:
1. Nliisanees (light glare, Hoise, eeer er vibratieH, ete.).
2. The health, safoty, welfare ar the imegrity ef aH iHdi'/idl:lal is pm at risk.
3. The eoaeitieHs efthe permit are nat adhered to.
B. ffivesti-gatieH Of Complaillt; Notiee: UpOH determiHatiaH t.fiat t.fie eomplaillt i-s of a type stated,
staff .....iII hwestigate said eomplaiat aHd Hetify the peffilit helder er resideat eeaalietiHg the
heme oeeHpatioH. SHeh HetificatieH .....ill state the Hahlre of the eemplaiat and the eerreetive
aeti-oH to be taken.
C. Re'ieeatioH Of Permit: If eempliaHee is Het achievee eliriag a reaseaable time perieEl, the
permit '.vill be subjeet te reyeeatioH as omliHed iH seetioH 12 10 10 of this ehapter. The
peffilit Releer will be reql:lired te eease eperatieH anEl/er eem~ly ':lith the pre'ii-sieHs as stated
iH seetieH 12 10 2 of this ehapter. V.meaded Ore. ll, 1
12-10-8 IN HOME BEAUTY SALONS AND BARBERSHOPS
In home beauty salons/barbershops shall be subject to the following:
A, Compliance with Title 3, Chapter 6 of the Citv Code
A B. Drawings Submitted: Drawings detailing the salon/shop shall be submitted at the
time of the request for the conditional use permit.
B ~ Compliance With State Requirements: The salon/shop must comply with the state
cosmetology board and the state barbers board requirements.
G-D. Number Of Chairs: One chair salon/barber only.
:g E. Hours Of Operation: The hours of operation shall be approved by the city council.
:g F. Parking: Parking requirements shall be as set out in section 12-14-10 of this title.
F-G. Nonsewered Areas: In nonsewered areas, the septic system must be in compliance
with title 10, chapter 4 of this code. A beauty shopfbarber shop shall be considered
the equivalent to one bedroom in terms of usage under title 10, chapter 4 of this code.
2. In nonsewered areas, a minimum of thirty nine thol:1sand (39,000) sql:lai"e f-eet of lot
size swll be required.
3. In Ronse'Nered areas, the septic system shall be inspected aHlRlally before the
conditional use permit is renewed.
G. }~Jffilfll Revie'l/: The conditional use permit shall be s1:1bject to afl annual review.
H. Occupancy By Owner: The beauty shopfbarber shop shall be owner occupied.
I. Termination Of Use Upon Sale Of Property: Upon sale of the premises for which the
conditional use permit is granted, such permit shall terminate. (Amended Ord. 8, 10-
21-1970)
12-10-9: VESTED RIGHTS:
No home occupation allowed by conditional use permit or special home occupation
permit shall confer upon any person or to the benefit of any property owner any vested
right. Rather, the use shall remain subject to all conditions of the permit as established by
the city. The city may find it necessary from time to time to review the conditions of the
permit as they relate to the provisions of the general welfare of the community.
(Amended Ord. 8,10-21-1970)
12-10-10: SUSPENSION OR REVOCATION OF CONDITIONAL USE
PERMIT:
When the city council determines that the public interest so requires, it may revoke or
suspend the conditional use permit of a home occupation when it finds, after due
investigation and a public hearing, that:
A. The permit holder, or any of his or her employees, has concealed the receipt of stolen
property or has knowingly received stolen property.
B. The permit holder has not complied with the provisions of law applicable to the
premises, equipment or operation of the home occupation.
C. The permit holder has obtained a permit through fraud or misstatement.
D. The home occupation or activity is being conducted in a manner found to be
detrimental to the health, safety, or general welfare of the public or is a nuisance, or is
being operated or carried on in an unlawful manner.
E. The home occupation has not been operating or in business for a period of six (6)
consecutive months. (Amended Ord. 8, 10-21-1970)
12-10-11: ILLEGAL HOME OCCUPATIONS; PENALTY:
All home occupations that are being conducted in violation of this chapter are illegal.
Any person violating any provision of this chapter shall be guilty of a misdemeanor and,
upon conviction thereof, shall be subject to punishment as defined by state law.
(Amended Ord. 8, 10-21-1970)
Revision # 50
12-11-3: CHi\NGE OF USE: NONCONFORMING USE:
B. .^.lavlful nonconf{)rming use may be ehaaged oaly to a use of the same or FRore
restricted classification. (.^..mooded Ord. 8, 10 21 1970) The structure or land
area-within which a nonconforming use is contained may not be e-xtended,
enlarged, reconstructed, substituted, moyed, or structurally altered.
C. A nonconforming use shall not be expanded so as to incorporate more employees,
generate increased amounts of product, or otherwise increase in scale or scope
from its inception.
Revision # 51
12 13 1: PERMITTED USES:
Within any of the following districts, no structure or lana shall he blsed except far one or
more of the uses listed by district:
/\.. LA.!1 Distriets:
Public and private forests aRd wildlife reservations aRd publie parks.
Puhlie elementary, jURior aRd seRior high schools.
Puhlic utility blses for local service when located within puhlic right of way. LA.!1 other
public utility blses require a conditional use permit.
Publicly owned and operated property eJC6ept as hereiR amended. (f .mended Ord. 8, 10
21 1970)
B. Residential Distriets:
1. R 1 SiRgle Family Rlifal District:
Agricultural 1:!Ses.
i\ny site whieh has more than fi'/e (5) :farm. animals per aere shall require a conElitional
use permit.
Single family residential struetlifes. (f.mended Ord. 8, 10 21 1970; amd. 2003 Code)
2. R 2 Single Family Estate District:
Rural agricultural uses outside metropolitan urbaR service area only.
SiRgle family residential b\:lildings.
UrbaR agricblltural uses. (f.mended Ord. 8, 10 21 1970)
3. R 3 Siegle Family SublifbaR District:
Pri'/ate sewer aRd water systems shall only be permitted on every other lot, or eo more
frequently than one private system for each forty thousand (10,000) square feet ,vhere
large lots are established. This shall not apply to lots of record at the time this title is
adopted. On eae-h new plat, the lots are to he developed in acconiance with this chapter
and shall be so designated.
Rural agric\:lltural blses outside metropolitaR lifbaR service area oRly.
Single family residential b\:lildings.
Urban agricultural uses. (f...mended Ord. 8, 10 21 1970)
4. R 1 Siegle Family Urban Distriet:
Priyate sewer and ,yater systems shall only be permitted on every third lot or RO more
frequently than one system for each thirty Rine thousand (39,000) square feet where large
lots are established. This sMll Rot apply to lots of reeord at the time this title is adopted.
On each ReVI plat, the lots are to be developed iR aecordance '.vith this cMpter and shall
be so designated.
SiRgle family residential buildings.
Urban agrie\:lltural uses. (f.mended Ord. 8, 10 21 1970)
5. R 5 Manufaetured Housing District:
Manufactured homes and modular homes, pro'/ided they are deye10ped l:ffider a planned
unit development and the complex is a minimum oftwenty (20) aeres iR size.
Permitted oRly in areas ':,'ith public sanitary sewer and water service. (Ord. 8RRRRRR,
10 1 2002; arnd. 2003 Code)
C. GR General Recreation District:
Cafes and restaill'ants.
Golf courses.
Information eenters.
Motels and hotels.
Resorts.
Sporting goods and boat sales inelblding service and rental.
Urban agricblltural blses. (f.mended Ord. 8, 10 21 1970)
D. BblsiRess Distriets:
1. LB Limited Business District:
Barbershops, beauty salons and tanning studios.
Busiaess schools.
Daycare centers.
Essential. service structures including, blli Rot limited to, buildings sueh as telephone
exchange stations, booster or substatioRs, elevated tanks and lift statioRs eonforming to
architecmral style of the neighborhood.
Financial institutions.
Medieal and dental clinics.
Mortuaries and funeral. homes.
Professional offices (loading berths prohibited).
Professional studios.
Rest homes and nursing homes.
Veterinary clinics (no outside pens or animal storage). Under 1'1:0 cireurnstances shall
exterior storage be permitted. (f.mended Ord. 8, 10 21 1970)
2. NB Neighborhood Business District:
Dayeat'e eenters.
FiRancial institutions.
Medieal. and dental clinics.
Mortuaries and funeral homes.
ProfessioaaI offices.
Professional studios.
Restaurants.
Retail trade and serviees, exeept service/fuel statioas.
TweRty four (21) hoffi' eontinuous operation of permitted uses. (f.mended Ord. 8, 10 21
1970; amd. Ord. 8111111, 7 18 2002)
3. SC Shopping Ce1'l:ter District:
All uses permitted in :HB district.
Drop in childcare centers. (i\mended Ord. 8, 10 21 1970)
4. GB General. Bblsiaess District:
l.geRcies selling or displaying recreational vehicles, boats and mariRe equipment.
Commercial recreation, not including therapeutic massage establishments.
Daycare centers.
Financial institutions.
Hotels and motels.
Manufacturing (limited).
Medical and dental elinies.
Mini storage.
Mortuaries and funeral homes.
Nc'.',' vchicle sales.
Pri'/ate elubs, lodges, and asscmbly halls.
ProfessioRal. offices.
Professional stl:1dios.
Publicly o\vned and operated property.
Rcntal businesses.
Repair serviees.
Research laboratories.
Restal:lrants.
Retail trade and serviees.
Serviee stations.
Theaters.
Vehiele wash establishments.
V cterinary clinie or hospital with no outside p0RS.
Vocational trade, business and technical schools.
Warehoblses.
V.'holesale businesses. (f.mended Ord. 8, 10 21 1970; amd. 2003 Code)
E. IndHstrial Districts:
Bblilding material.s or lumberyard.
Manufacturing (limited).
Medical and dental elinies.
Mini storage.
Profcssional offices.
Professional stl:ldios.
Rental. b\:lsinesses.
Repair services.
Reseat'en laboratories.
School bus terminal.
Serviee stations.
Vehiele wash establishmems.
Veterinary elinie or hospital 'l"ith 1'1:0 omside peRS.
v,r arehouses.
Wholesale businesses. (;\mended Ord. 8, 10 21 1970)
12 13 2: PERM:JTTED j,CCESSORY USES:
Within the following districts, the listed uses shall be permitted aeeessory uses:
L\. lJl Residential Districts:
Gardening and other horticultural blses.
Home occupations, not requiring the blse of an accessory structure and/or ~rterior storage.
Keeping of domestic animals (3 or less except in R 1 ).
Keeping of not more than two (2) boarders or roomers by a resident farnily with no
private cooking faeilities.
Open, off street parking space.
Private garages.
Reereation areas and swimming pools. (/.mended Ord. 8, 10 21 1970)
B. lJI Mblltiple Dwelliag Districts:
Garages and storage structures for trash er gareage.
S',vimming pools and recreatioR areas or strl:letl:lres. V.mended Ord. 8, 10 21 1970)
C.l...ll Business LA.nd Industrial Distriets:
}...ny ineidental repair, processing, and storage necessary to conduet a permitted prineipal
blse hm not to eJ(ceed thirty pereeflt (30%) of the floor space of the principal building.
(Amended Ord. 8, 10 21 1970)
12 13 ~: CONDITIONAL USES:
Conditional use permits for uses not listed herein shall not be granted eJ(eept where the
eity council determines that said uses are similar in eharaeter to those listed herein.
Within any of the following districts, no land or structl:1fe shall be used for the following
uses by districts except by eonditional use permit and in accordance with the criteria as
stated ia sblbseetion 12 15 6D of this title:
L^.... Resid0lltial Distriets:
1. LAJl ResideRtial. Districts:
Barbershop.
Beauty shops.
Cabinet making/wood working in R 1 distriet only.
Cemeteries.
Christmas tree sales.
Clmreaes.
Clubs and lodges.
Colleges and similar institutions.
Commercial dog kennellicensc (2.5 acre minimum lot size requirement).
Commereial greenhol:1se.
Craft and antique b\:lsinesses in R 4 distriets in baildings designated as historical sites hy
a eoURty, state, or nationally recognized historical organizatioa.
Day flffi'series (13 or more childrea).
E3(eavations eJ(eept when a building permit has been issl:led.
Golf eoursc.
High-'.'Iay eonstructioa materials (processing and storage).
Home oecupations, oa a parcel of land three (3) aeres or larger, utilizing an aceessory
strl:lctl:1fe and/or exterior storage.
Marinas.
Private dog kennellieense (2.5 acre minimum lot size req\:lirement).
Publie utility l:1ses or structures exeept '.v hen loeated on a public right of',vay.
Relocated dwelling l:Hlits.
Rest homes.
Riding stables.
Storage bllildings for boats, sno'.vlliobiles, or similar vehicles in R 5 only.
Therapeutic massage establisRmeRt (as a home occl:lflatien off-ering on site massage
seryiees) as regalated by chapter 10 of this title and title 3, chapter 6 of this code.
Two family home eORversio:Rs (splits). (Ord.8QQQQQQ, 10 1 2002)
2. R 5 Reside1'l:tial Districts:
Multiple d,:.:ell~ngs shall be permittea in addition, at a density as established in section
~4 oftms tItle and as a part of the plar.ned unit developmcnt. (Ord. RRRRRR, 10 1
B. Ml:1ltiple Districts:
1. LAJl Multiple Distriets:
.Ai}! uses permitted by ee1'l:ditional use in residential districts except dog kennels.
(L .mended Ord. 8, 10 21 1970; amd. Ord. JJJJJJ, 7 182002)
2. M 1 Mwtiple D'l.'elli1'l:g District:
Single family detache~ a~d att~ehed dwelling \:Hl.its not to exceed eight (8) per building or
more thaR t':1O (2) stones III height. Mblst have puhlic sanitary sewer and vl-ater.
Townhous~s not to e)(ceed eight (8) I:1fl-i.-ts per bl:lilding '.veith public sanitary se'ser and
water serllce. (Ord. 8RR.'UrnR, 10 1 2002; amd. 2003 Code)
3. M 2 Multiple DwelliRg:
Multiple d'sellings with public sanitary se'.yer and water service.
Si1'l:gle. f~ily attached dwelling units and apartments not to exceed t':ienty foffi' (24) units
per bUildmg or be more than three (3) stories iR height. MblSt ha','e puhlic sanitary sewer
and '.vater.
TO'l.'~ilio\:ls.es not to exceed eight (8) 1:U1its per emlding at a M I district designation with
publIc sanItary sewer and 'Nater service. (Ord. 8RRRRRR, 10 1 2002)
C. GR General Reereation District:
Commercial parks, campgro\:lnds, trail rides, gun duhs and ranges, arehery ranges
raeetraeks, and commercial snovAllobile COl:lfses. '
Commercial recreation other than specifically permitted.
Commercial. riding stables.
Dance hal.ls.
Golf Elriving range and putting ceurses.
Liquor lieeBse.
Marinas.
Outdoor theaters.
Tavern as secondary use of property. (.^.mended Ord. 8, 10 21 1970)
D. Business Districts:
1. LB Limited Business District:
Churches.
Rcstaffi'ants.
T'.venty four (24) hour continuous operation ofmedieal. elinics. (i\mended Ord. 8 1021
1970; arna. Ord. gJJJJJJ, 7 18 2002) ,
2. :HB Neighborhood Business District:
Outdoor display only during operati1'l:g hOl:lfs.
Scrviee station a~er mini~. two thousand (2,000) square f-eet of retail floor space is
constructed, provIded the SIte IS two (2) acres or larger.
Veterinary clinic or pet hospital with 1'1:0 ol:1tside pens. (.^ .mended Ord. 8 10 21 1970'
amd. Ord. 8IJJ11J, 7 18 2002) "
3. SC Shopping Center District:
Car wash, provided a minimum of twenty five thousand (25,000) sql:lffi'e feet ofretail
floor spaee is constructed, except as otherwise appro'led as part of a planned unit
development.
Drive in Imsinesses or hl:1sinesses with a OO'le throagR window.
Liqaor, daneing or live entertainment.
Liquor liceases.
Off sale liquor stores.
Outdoor display, sales or storage dffi'ing operating hOblfs only.
Service station, provided a mi1'l:iffi-l:lffi Elf twenty five thousand (25,000) square fcet of
retail floor space is constructed, except as otherwise approyed as part Elf a planned unit
development.
\' cterinary elinic or pet hospital with no outside pens. (Amended Ord. 8, 10 21 1970;
a Q a 8 A A A A A A A 4 I ~ ;!993' ;!993 G a j
am. r. L....U......., , 0 e
4. GB General Business Distriet:
LA.ElHlt use basi1'l:esses as defined in title 3, chafJter 7 ofthis code.
i\dycrtising signs.
Drive in businesses or Bl:1sinesses with a drive tl'H'oblgh ':lindow.
Liqu0r license.
Off sale liquor stores.
Outdoor display, stOFage and sal.es.
Pawnbrokers as defined in title 3, ehapter 4 of this eoee.
Precious metal dealers as defined in title 3, ehapter 4 ofthis code.
Public utility struetblfes.
Repair garage.
SecElRdhand goods dealers as defined in title 3, chapter 1 of this code.
Used '.'ehicle sales. (L'\mended Ord. 8, 10 21 1970)
E. I Industrial Distriets:
l.dult use businesses as defined in title 3, ehapter 7 of this code.
i\dvertising signs.
Liquor liccnse.
Ol:ltdoor display, storage and sales.
Pub lie utility strl:letl:H'es.
Repair garages.
Retail trade and services.
Sal.e and stOFage of new and used amo parts within a buildiag only. (.^.mended Ord. 8, 10
21 1970)
F. .:'.11 Distriets:
.:'.ntennas in excess of thirty five feet (35') in height.
i\rea identification signs in all projeets offive (5) acres or more.
BlacktofJ or crushing plant f-or higfl:liay material.s.
Commereial. animal training.
Excavation, except 'shen a building permit has been issued.
Marquees of any type, with or '.vithout signs.
Planned unit developments meetiRg the req1:lirements of chapter 13, chapter 3 of this eo de
and 'sithin minimum standards required by this title.
Publie mility struetures or uses eJleept when eORElHcted blpon public right of way.
Real estate signs over thirty two (32) sqHafe feet per lot frontage and exceeding other
sign area limits in b\:lsiRess and industrial areas.
Signs on benches (not in eity parks), R0wsstands, cabstand signs, b\:ls stop shelters and
similar places. V.mended Ord. &, 10 21 1970)
12 13 4: PROHIBITED USES:
L^.... All Districts:
Auto reduction yards.
i\utomotive recyeli1'l:g yards.
Composting faei1ities (including cornmerdal., industrial, gO'lemmental. or institmiona1).
Exterior storage ofwastc tires.
Junkyards.
Landfills.
Tmde ,vaste storage.
Transportation terminals or motor freight terminals.
Uses which may he detrimental to the heal.th, safety and welfare ofpersoRs residing or
'Norking in the vici1'l:ity. (Ord. &000000, 8 5 2002)
B. Bblsi1'l:ess L^...nd Industrial Distriets:
Interior storage of more than t''yO hl:mdred fifty (250) ':;aste tires. V.mended Ord. 8, 10
21 1970)
C. ResideBtial. Districts:
Interior storage of more than eight (&) waste tires. (i\mended Ord. 8, 10 21 1970)
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Revision #53
12-13-1: PERMITTED USES:
B. Residential Districts:
4, R-4 Single-Family Urban District:
Private sewer and water systems shall only be permitted OR eyery third lot or lie more
freq-Hemly than one system for each thirty Hille thousand (39,000) square feet vroere large
lots arc established, This shaH not apply to lots of record at the time this title is adopted.
OR eaeB. Rew plat, the lots arc to be de';eloped iR aeeordance with this ehapter and shall
be so desigHated. to replace systems on existing lots when municipal sewer and water is
not available,
Revision #54
12-14-2: ENFORCEMENT:
The city eouneil City Zoning Code Enforeement Offieer shall be responsible for
enforeing these standards,
Revision # 55, 56, 57
12-14-3: EXTERIOR STORAGE:
A. Residential Districts: All materials and equipment shall be stored within a building or
fully screened so as not to be visible from adjoining properties, except for the following:
1, Larmdry drying Clotheslines and recreational equipment.
2, Construction and landscaping m.aterials and equipment currently ('.vithin a period of 12
months) being used on the premises of a property with an active building permit.
4, Off-street parking of a combination of not more than two (2) licensed and operable
passenger vehicles or pickup trucks not parked entirely upon the required driveway or in
an enclosed garage or storage building and licensed, operable, and unoccupied trailers
less than twenty feet (20') in length are permissible if stored in the rear yard more than
ten feet (10') from the property line,
Revision #58 (Code Section 12-14-4)
12-14-4: REFUSE IN ALL DISTRICTS:
B. Storage Of Refuse: All waste material, debris, refuse, or garbage shall be kept in an
enclosed building or properly contained in a closed container designed for such
purposes, All non-residential uses shall have trash enclosures built of materials that
match the principal structure and have an opaque gate made of wood or metal (metal
chain link with slats is not acceptable ),
,
Revision #59
12 14 5: SCREENINC:
.^.. Residential Districts: Sereening shaH be required in resideB:tiaI ZOB:es where:
1, .^.ny off street parking area contains more than f-olH (4) parking spaees and is '.vithin thirty
feet (30') of an adjoining residential ZOl'l:e; and
2. 'Where the driye\vay to a parking area of more than sill (6) parking spaees is '.vithin fifteen
feet (15') of an adjoiniag residential use or zone.
R Businesses ;\B:d Industries Adjacent To Residential Distriets: Where any busiaess or indHstrial
use (struetlHe, parking or storage) is adjacoot to property zoned or developed for residootial
use, that business or industry shall proyide screening along the bOW3.dary of the residential
property, Screening shall also be proyided when a basiness, parkiag lot, or industry is across
the street from a residential zone, 13m: not on that side of a business or industry considered to
be the front (as determined by the building official).
C, E~,terior Storage: ;\11 exterior storage shall be screooed, elwept:
1, Merchandise being displayed for sale.
2, Materials and equipment being used for constructioR on premises; and
3. Mere-handise located OR service statioR pump islands,
D, Screening R-equirements:
1, The screening required in this chapter shall consist of a feace or wall not less than fi"le feet
(5') high but shall not extend within fifteen feet (15') of any street,
2, The screening shall be placed along property lines or, iR case of sereening along a street,
fifteen feet (15') from the street right of way ',vith landseapiRg betweeR the screening and the
pavement.
3. .\ f-eRce shall bloek direct visioR,
4, Plantings of a type approved by the planniRg and zoning commission may also be required
in addition to or in lieu offcacing, V.mended Ord. &, 10 21 1970)
12 14 10: OFF STREET PARKINC REQUIREMENTS:
E,Required Screening:
1. Screening ROq-1::lired: .^.ll off street parking lots contaimag six (6) ef more sflaees shall be
screened from those residential preporties abutting the property on which the parking lot is
located, except such lots wllich serve siRgle family attached or detached rmits,
2, Standards:
a. Vision To Be Blocked: Screemng shall be installed so as to block direct '1ision.
b, Hedges:
(1) Screening shall cOflsist of a cOl.'Hpact eyergreefl or deciduous hedge of sufficient
,It'idth and density or an earth berm of sufficient height to provide an. effecti'le screoo
throughout the year,
(2) l\t planting, hedge material T:B:l:lst be at least three feet (3') in height.
c, Trees:
(1) Deciduous trees T:B:l:lst be at least five feet (5') in height and two and one half inches
(2 1/2") in diameter as measured six inches (6") above the greund.
(2) CoRif-erous trees must be at least fiye feet (5') in height,
d, Berms: Earth berms shall net haye a slope of more than four feet (4 ') horizontal to one
foot (1') yertical nor be located '.vi-thin any street right of way l:ffiless othef'Nise appro'led
by the city engifleer, (.'\mended Ord, g, 10 21 1970)
e, fences: l. required screening fCRce shall be cOflstructed of masonry, brick or ,vood,
Such fence shall provide a solid screening effcct and shall not emceed six feet (6') in
height. The design an.d materials l:lSed in cORstmctiRg a req-1::lired screeniag fence shall be
subject to the approval of the city cOl:lflcil. (.\mended Ord, g, 10 21 1970; amd, 2003
Gede1
f,Maintenooce Req-1::lired: It shall be the joiflt and several respoflsibility of the lessees and o,mer
ofthe principall:lse or buildiag to maintain ifl a fleat aFld adeq-1::late manner the drive,vays,
parkiag spaces, cl:lfbing, accessways, stripiflg, and req-1::lired fences.
12-14-5: Screenine:
1. Exterior Storage: Screening from residential properties and public streets shall be
provided with an architecturallv compatible opaque fence with a minimum height of six
feet as measured from the surface of the exterior storage area, Plant material shall be
provided on the outside of the fence for aesthetic appeal. Additional fence height and/or
berming shall be required if a six foot fence would not block direct vision of the exterior
storage,
a, Landscaping products and merchandise displayed for sale in limited quantities
may be exempt from this screening requirement provided that a conditional use
permit and commercial site plan approval have been achieved and the approved
plan provides specified locations. appearance and maintenance criteria and
prevents conflicts with traffic circulation and emergency access,
2, Loading Docks: Screening ofloading docks from public streets and residential properties
shall be provided to the top ofthe loading door(s). Such screening shall be provided with
a wing wall constructed from the same materials as the principle structure whenever
possible, Other views into the loading dock from public streets and residential properties
shall be screened with a combination of berming, fencing and landscaping to a minimum
height of six feet except within sight triangles at intersections with public streets.
3, Mechanical Equipment:
a. Rooftop mechanical equipment shall be screened from public streets and
residential properties with a cornice, parapet. or other architectural feature to the
fullest extent possible. Any remaining protrusions of rooftop equipment above
these features shall be painted to match the principle structure,
b, Ground mounted mechanical equipment shall be screened from public streets and
residential properties with landscaping or a fence or enclosure that is
architecturally compatible with the principle structure.
4, Multiple Frontage Residential Lots: Screening between the rear yard and the adiacent
street shall be provided to achieve a minimum height of six feet at plant maturity as
measured from the surface of the adiacent street. Such screening must consist of:
a, Existing vegetation
b. A compact evergreen or deciduous hedge
c, deciduous and coniferous trees
d. A landscaped berm
e. A combination of the above
Please note a cross reference is needed in City Code 11-3-6 H.
5, NOR yt!sillllRtilll Buildings: The sides and rear of non-residential buildings and
residential structures containinl! more than two (2) units shall be screened from
residential properties within 200 feet. meaGared from property liRe to property line. to a
minimum height of six feet at plant maturity as measured from the grade of the
residential property line. Such screening shall be provided with the following:
a, Existing vegetation
b, A compact evergreen or deciduous hedge
c, deciduous and coniferous trees
d. A landscaped berm
e. An architecturallv compatible opaque fence
f. A combination of the above
6, Parking Areas: Screening from residential properties shall be provided to a minimum
height of six feet as measured from the surface of the parking area, Screening from
public rights-of-wav shall be provided to a minimum height ofthree feet. Parking area
screening must consist of:
a, An architecturallv compatible opaque wall or opaque fence,
b, A landscaped berm
c, Two staggered rows of evergreen trees with trees in each row spaced a maximum
of 12 feet. Such trees shall not be used to satisfv minimum tree requirements,
d, A combination of above,
7, Trash Enclosures and Compactors: Trash collection shall be provided on the interior of
the principle structure whenever possible, When exterior trash enclosures are necessarv
such enclosure shall be constructed from a masonry product that is compatible with the
principle structure, Such enclosure shall exceed the height of all waste receptacles stored
inside and shall provide adequate space for recvcling, The trash enclosure shall have an
opaque metal or wood gate, Chain link fencing shall not be allowed. Trash enclosures
shall be screened from public rights-of-wav and residential properties with coniferous
trees equal in height to the trash enclosure at the time thev are planted,
Revision #60
12 11 6: LAaNDSCLAaPINC IN j..LL DISTRICTS:
Land willeh has been committed to a l:lse shall haye for a depth of twenty feet (20') sr more a
landscaped yard along all streets, This yard shall be k-ept dear sf all structl:Jres, stsrage, and off
street parkiag ~(0ept as hereia provided, V JDended Ord, g, 10 21 1970)
12-14-6: Landscaping of Nonresidential Properties
A. Purpose and Intent. The City of Andover recognizes the health, safety, aesthetic,
ecological and economic value oflandscaping and screening. The provisions of this
Section are intended to:
l. Add visual interest to open spaces and blank facades;
2. Soften dominant building mass;
3, Provide definition for public walkways and open space areas;
4, Ensure significant tree canopy shading to reduce glare and heat build-up;
5. Improve the visual quality and continuity within and between developments;
6, Pro,:ide screening and mitigation of potential conflicts between activity area and more
paSSIve areas;
7, Protect and improve property values;
8, Improve air quality and provide a buffer from air and noise pollution;
9. Enhance the overall aesthetic conditions within the City;
10, Limit sight line obstructions and drainage conflicts;
11. Reduce the potential for criminal and illegal activities; and
12. Prevent conflicts with utilities,
B. Landscape Plans: A landscape plan shall be submitted with any Commercial Site Plan
Application as described in City Code 12-15-xx;
C. Minimum Number of Trees and Shrubs. Except for single and two family uses,
development must at a minimum provide the following numbers of trees and shrubs in
addition to any trees and shrubs required for screening in Section 12-14-5:
l. One tree per 50 lineal feet of site perimeter
2. One shrub per 20 feet of site perimeter
3, One shrub per 10 lineal feet of building perimeter
D. Credit for Existing Trees. Existing healthy deciduous trees greater than four caliper
inches or existing healthy evergreen trees greater than six feet in height and are not
identified on the City's prohibited plant species list (see Section 18.03) may be credited
toward the minimum required trees on a site.
E, Minimum Tree Size. Required trees must meet the following minimum size standards:
1. Overstory trees must be at least one and one half caliper inches at
planting;
2, Single stem ornamental trees must be at least one and one half caliper
inches at planting;
3. Evergreen trees and multi-stem ornamental trees must be at least six feet
in heIght at planting.
F, Parking Island Landscaping. The following plant material shall be provided in parking
islands without credit toward the minimum number of trees and shrubs described above:
1. One tree per 180 square feet of parking island area
2, One shrub per 20 square feet of parking island area
G. Restrictions, The following restrictions on landscaping and screening apply to protect
the public health, safety and welfare,
1. Public Easements, Landowners are advised that landscaping features
placed in a public easement may be removed without compensation if it
IS necessary to install, replace or maintain a public utility, sidewalk or
drainage way within the easement.
2, Trees, irrigation lines, berms, walls or fences must not be placed in a
public easement where bublic improvements are located without the
written approval of the irector of Public Works,
3, Clear View Triangle, Landsca~inl and screening must not interfere with
the clear view triangle as speci Ie in Sections 17,31 and 17,32,
4, Crime Prevention Through Environmental Design (CPTED), In support
of CPTED principles deSIgned to reduce the fear and incidence of CrIme
and to improve the ~uality of life, landscaping must support the
objectives of natura surveillance, territOrIal reinforcement, access
control, and maintenance. These CPTED objectives are further
discussed in the Planning Manager's Landscaping and Screening
Policies and Procedures document.
S, Fire Hldrant and Utility Clear Zone. The area three feet in radius
aroun all fire hydrants, fire hose connections and utility boxes must be
kept free of any trees, shrubs or other landscaping feature that could
impede access to or use of the hydrant, fire hose connection or utility
box,
H. Administration: The City shall have the authority to adopt and implement Landscaping
and Screening Policies and Procedures for the purpose of specifying landscape plan
submittal requirements, establishing surety rates and procedures and offering landscaping
and screening material and design recommendations.
I. Ground cover. All site areas and areas that have been disturbed during construction must
be covered with sod to property lines and/or adjacent rights-of-way, Rock and mulch
may be substituted for sod in landscaping planting beds and along the perimeter of
buildings. All landscaping planting beds shall provide durable edging system, Native
plant communities may be re-established in appropriate portions of the site,
J. Irrigation Required. All required landscape materials landscaped areas shall be
irrigated,
K, Material Maintenance. The property owner must maintain all landscaping and
screening materials shown on the approved landscape plan in a manner consistent with
the intent and purpose of the tan and City Code requirements, Apfroved landscaping
and screening materials that ie, become diseased or are significant y damaged must be
replaced at tlie next approfariatellantingCJeriod with new materials in conformance with
the approved landscape p an an applica Ie City Code standards,
L, Ground Cover Maintenance. Ground cover must be maintained in accordance with
Sections 10,37 -10.42 of this Code.
M. Removal. Unless a modified landscape plan is approved, landscaping and screening
materials and structures a~roved on a landscape plan must not be removed except when
replaced in accordance Wl this Section,
N, Surety. To ensure that landscaping and screening is installed as proposed and survives
throu~h at least one full growing season, a landscape performance surety must be
submltted prior to issuance of building permits for new development where a landscahe
plan is required, The surety may consist of a bond, an irrevocable letter of credit, cas
deposit or other instrument which provides an equal performance guarantee to the City.
Revision # 61
9-9-1: PURPOSE AND INTENT:
A. Purpose: The purpose of this chapter is to protect the public health, safety and the
general welfare of the people of the city. These objectives include the following:
1. To protect the character and stability of residential areas within the city,
2, To correct and prevent housing conditions that adversely affect or are likely to
adversely affect the life, safety, general welfare and Q! health of Andover residents.
3. To provide minimum standards for heating and sanitary equipment and for light
and ventilation necessary to protect the health and safety of occupants of buildings,
4, To prevent the overcrowding of dwellings,
5, To provide minimum standards for the maintenance of existing residential
buildings and to thus prevent substandard housing and blight.
6, To preserve the value ofland and buildings throughout the city,
B. Intent: With respect to disputes between tenants and landlords, and except as
otherwise specifically provided by the terms of this chapter, it is not the intention of the
City Council to intrude upon the accepted contractual relationship between the tenant and
landlord, The City Council does not intend to intervene as an advocate of either party,
nor to act as arbiter, nor to be receptive to complaints from tenant or landlord which are
not ordinance related, In the absence of such relevancy with regard to rental disputes, it is
intended that the contracting parties exercise such legal sanctions as are available to them
without the intervention of city government. In enacting this chapter, it is not the
intention of the City Council to interfere or permit interference with legal rights to
personal privacy. (Ord. 267, 7-20-1999)
9-9-2: APPLICATION OF PROVISIONS:
This chapter establishes minimum standards for maintaining dwelling units, accessory
structures and related premises, This chapter is intended to provide standards for rental
housing and to provide standards to allow resolution of complaints regarding owner
occupied housing. (Ord, 267, 7-20-1999)
9-9-3: DEFINITIONS:
Whenever the words "dwelling", "dwelling unit", "premises", or "structures" are used in
this chapter, they shall be construed as though they were followed by the words "or any
part thereof', The following definitions shall apply in the interpretation and enforcement
of this chapter:
ACCESSORY USE OR STRUCTURES: A use or structure subordinate to, and serving
the principal use or structure on the same lot and customarily incidental thereto which is
not used for living or sleeping by human occupants.
ANDOVER BUILDING CODE: The Minnesota State Building Code, International
Buildin2 Code (IBC), and International Residential Code (lRC) adopted by the city,
64
BUILDING: Any structure having a roof which may provide shelter or enclosure for
persons, animals, or chattels, and when said structure is divided by party walls without
openings, each portion of such building so separated shall be deemed a separate building,
BUILDING OFFICIAL: The designated agent authorized by the City Council to
administer and enforce this chapter.
DWELLING: A building2 or one or more portions thereof2 occupied or intended to be
occupied for residential purposes, but not including rooms in motels, hotels, nursing
homes, boarding houses, trailers, tents, cabins or trailer coaches.
DWELLING UNIT: A single-family dwelling or unit designed to accommodate one
family.
FAMILY:
A, An individual or two (2) or more persons related by blood, marriage or adoption living
together; or
B. A group of not more than five (5) persons who need not be related by blood, marriage
or adoption, living together as a single housekeeping unit in a dwelling unit, exclusive of
usual servants.
FLUSH WATER CLOSET: A toilet with a bowl and trap made in one piece, which is
connected to the city water and sewer system or other approved water supply and sewer
system,
GARBAGE: Animal and vegetable waste resulting from the handling, preparation,
cooking, marketing or processing of food, or the non-consumed waste resulting from
animals or humans consuming food,
HABIT ABLE BUILDING: Any building or part thereof that meets minimum standards
for use as a home or place of abode by one or more persons,
HABIT ABLE ROOM: A room with enclosed floor space used or intended to be used for
living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet
compartments, laundries, furnace rooms, unfinished basements (those without required
ventilation, required electric outlets and required exit facilities), pantries, utility rooms of
less than fifty (50) square feet of floor space, foyers, communicating corridors, stairways,
closets, storage spaces, workshops, and hobby and recreation areas in parts of the
structure below ground level or in attics,
HEATED WATER: Water heated to a temperature of not less than one hundred ten
degrees Fahrenheit (11 OOF), or such lesser temperature required by government authority,
measured at faucet outlet.
KITCHEN: A space which contains a sink with counter working space, space for
installing cooking and refrigeration equipment, and space for the storage of cooking
utensils,
MAINTENANCE: Upkeep of property and equipment in a safe working condition for
which it was installed and/or constructed,
MUL TIPLE-F AMIL Y DWELLING: A dwelling or portion thereof containing two (2) or
more dwelling units,
OCCUPANT: Any person (including owner operator) living, sleeping, cooking and
eating in a dwelling unit or living and sleeping in a rooming unit.
OPERATE: To charge rent for the use of a unit in a rooming unit.
OPERATOR: The owner or his/her agent who has charge, care, control, or management
of a building, or part thereof, in which dwelling units or rooming units are let.
OWNER: Any person, firm or corporation who, alone, jointly, or severally with others,
shall be in actual possession of, have charge of, care of, or control of any dwelling,
dwelling unit, or rooming unit within the city as owner, employee or agent of the owner,
or as trustee or guardian of the estate or person of the title holder. Any person
representing the actual owner shall be bound to comply with the provisions of this
chapter to the same extent as the owner.
PERMISSIBLE OCCUPANCY: The maximum number of persons permitted to reside in
a dwelling unit or rooming unit.
PERSON: An individual, firm, partnership, association, corporation, company or joint
venture or organization of any kind,
PLUMBING: All of the following supplied facilities and equipment in a dwelling: gas
pipes, gas burning equipment, water pipes, steam pipes, garbage disposal units, waste
pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths,
installed clothes washing machines, catch basins, drains, vents and any other similar
fixtures and the installation thereof, together with all connections to water, sewer and gas
lines.
PREMISES: A platted lot or part thereof or unplatted parcel of land, and adjacent right of
way, either occupied or unoccupied by any dwelling or non-dwelling structure, including
such building or accessory structure.
PUBLIC HALL: A hall, corridor or passageway for providing egress from a dwelling
unit to a public way and not within the exclusive control of one family.
REFUSE: Personal leavings, trash, garbage.
RENTAL DWELLING: A dwelling unit for hire.
REPAIR: The construction or renewal of any part of an existing building or its utilities,
facilities or equipment for the purpose of its maintenance.
RODENT HARBORAGE: A place where rodents commonly live, nest, or establish their
habitat.
ROOMING UNIT: Any room or group of rooms forming a single habitable unit used or
intended to be used for living and sleeping, but not for cooking and eating purposes.
SAFETY: The condition of being reasonably free from danger and hazards which may
cause accidents or diseases.
SUBSTANDARD DWELLING: Any dwelling which does not conform to the minimum
standards established by city ordinances.
SUPPLIED: Paid for, furnished by, provided by, or under the control of the owner,
operator, or agent ofa dwelling. (Ord. 267, 7-20-1999; amd. 2003 Code)
9-9-4: RESPONSIBILITIES OF OWNERS AND OCCUPANTS:
No owner or other person shall occupy or let to another person any dwelling, dwelling
unit or rooming unit unless it and the premises are fit for human occupancy and comply
with all applicable legal requirements of the state and the city, and as set forth
specifically in this section:
A. Maintenance Of Shared Or Public Areas: Every owner of a dwelling containing two
(2) or more dwelling units shall maintain or shall provide for maintenance of the units
shared along with all public areas of the dwelling and premises thereof.
B. Housekeeping Of Occupied Areas: Every occupant of a dwelling, dwelling unit or
rooming unit shall properly housekeep the dwelling unit and premises thereof that he/she
occupies and controls.
C. Storage And Disposal Of Garbage And Refuse:
1. Every occupant of a dwelling, dwelling unit or rooming unit shall store and dispose of
all his/her refuse and garbage and any other organic waste which might provide food for
insects and/or rodents in a manner approved by the city. The city requires that refuse and
garbage be disposed of by a garbage hauler 65.
2. Every owner of a multiple-family dwelling shall supply facilities for the storage and/or
disposal of refuse and garbage. In the case of single- or two-family dwellings, it shall be
the responsibility of the occupant to furnish such facilities as prescribed by city
ordinance.
D. Storm And Screen Doors And Windows: The owner of a rental dwelling unit shall be
responsible for providing, maintaining and hanging all screen and storm doors and storm
windows whenever the same are required under the provisions of this chapter.
E. Pest Extermination: Every occupant of a dwelling containing a single dwelling unit
shall be responsible for the extermination of vermin infestations and/or rodents on the
premises. Every occupant of a dwelling unit in a dwelling containing more than one
dwelling unit shall be responsible for such extermination whenever his/her dwelling unit
is the only one infested. Notwithstanding, however, whenever infestation is caused by the
failure of the owner to maintain a dwelling in a reasonable rodent-proof condition,
extermination shall be the responsibility of the owner. Whenever infestation exists in two
(2) or more of the dwelling units in any dwelling or in the shared or public parts of any
dwelling containing two (2) or more dwelling units, extermination thereof shall be the
responsibility of the owner.
F. Rodent Harborages Prohibited:
1. Occupied Areas: No occupant of a dwelling or dwelling unit shall accumulate boxes,
firewood, lumber, scrap metal or any other similar materials in such a manner that may
provide a rodent harborage in or about any dwelling or dwelling unit. Outside stored
materials shall be stacked neatly in piles at least four inches (4") above bare soil or
ground.
2. Public Areas: No owner of a dwelling containing two (2) or more dwelling units shall
accumulate or permit the accumulation of boxes, lumber, scrap metal or any other similar
materials in such a manner that may provide a rodent harborage in or about shared or
public areas of a dwelling or premises. Materials stored outside by the owner or permitted
to be stored by the owner shall be stacked neatly in piles at least four inches (4") above
bare soil or ground.
G. Storage Of Food For Rodent Prevention: No owner or occupant of a dwelling unit
shall store, place or allow to accumulate any materials that may serve as food for rodents
in a site accessible to rodents.
H. Maintenance Of Plumbing Fixtures And Facilities: The owner or occupant of a
dwelling unit shall maintain all supplied plumbing fixtures and facilities therein.
1. Minimum Heating Capability And Maintenance: In every dwelling unit or rooming
unit, when the control of the supplied heat is the responsibility of a person other than the
occupant, a temperature of at least se'looty degrees Fahrenheit (700F) or such lesser
temperatl:li'e required by gO'lernmeflt aathority shall be maietained at floor level, when
the outdoor temperatl:li'e is t'seRty degrees below zero Fahrooheit (200F). sixtv-ei2ht
de2rees Fahrenheit (6S0F) at a point three feet (3') above the floor when the outside
temperature is -16 del!:rees Fahrenheit.
J. Removal Of Snow And Ice: The owner of any rental dwelling shall be responsible for
the removal of snow and ice from parking lots and/or driveways, steps and walkways on
the premises. Individual snowfalls of three inches (3") or more or successive snowfall
accumulations to a depth of three inches (3 ") shall be removed from walkways and steps
within forty-eight (48) hours after cessation of the snowfall. (Ord. 267, 7-20-1999)
K. Minimum Exterior Lighting: The owner of rental dwellings shall be responsible for
providing and maintaining in good condition lighting fixtures and levels required by state
building code for tenants. (Ord. 267, 7-20-1999; amd. 2003 Code)
L. Maintenance Of Driveway And Parking Areas: The owner of a multiple-family
dwelling shall be responsible for providing and maintaining in good condition paved and
delineated parking areas and driveways for tenants. (Ord. 267, 7-20-1999)
9-9-5: MINIMUM STANDARDS FOR BASIC EQUIPMENT AND FACILITIES:
No person shall rent or let to another for occupancy any dwelling or dwelling unit for the
purposes of living, sleeping, cooking and eating therein which does not comply with the
following minimum standards for basic equipment and facilities:
A. Kitchen Sink: Provide a kitchen sink in good working condition which is properly
connected to an approved water supply system and which provides at all times an
adequate amount of heated and unheated running water under pressure and which is
connected to an approved sewer system per city ordinances.
B. Cabinets/Shelves, Counter/Table: Provide cabinets and/or shelves for the storage of
eating, drinking and cooking equipment and utensils and for food that does not require
refrigeration for safekeeping; and a counter or table for food preparation. Said cabinets
and/or shelves and counter or table shall be of sound construction and finished with
surfaces that are easily cleanable and that will not impart any toxic or deleterious effect to
food. (Ord. 267, 7-20-1999)
C. Cooking And Storage Facilities: Provide a stove or similar device for cooking food
and a refrigerator or similar device for the safe storage of food at or below forty degrees
Fahrenheit (400F), which are properly installed with all necessary connections for safe,
sanitary and efficient operation. Such stove, refrigerator or similar devices need not be
installed when a dwelling unit is not occupied, but sufficient space and adequate
connections for the installation and operation of said stove, refrigerator or similar device
must be provided. (Ord. 267,7-20-1999; amd. 2003 Code)
D. Toilet Facilities: Within every dwelling unit there shall be a non-habitable room which
is equipped with a tlIish water closet in compliance with the Minnesota state plumbing
code. Such room shall have an entrance door which affords privacy. Said tlIish water
closet shall be equipped with easily cleanable surfaces, shall be connected to an approved
water system that at all times provides an adequate amount of running water under
pressure to cause the heatef water closet to be operated properly, and all shall be
connected to a sewer system in compliance with city ordinances.
E. Lavatory Sink: Within every dwelling unit there shall be a lavatory sink. Said lavatory
sink may be in the same room as the tlIish water closet, or if located in another room, the
lavatory sink shall be located in close proximity to the door leading directly into the room
in which said water closet is located. The lavatory sink shall be in good working
condition and shall provide at all times an adequate amount of heated and unheated
running water under pressure and shall be connected to an approved sewer system in
compliance with city ordinances.
F. Bathtub Or Shower: Within every dwelling unit there shall be a non-habitable room
which is equipped with a bathtub or shower in good working condition. Such room shall
have an entrance door which affords privacy. Said bathtub or shower may be in the same
room as the tlIish water closet, or in another room, and all shall be properly connected to
an approved water supply system and shall provide at all times an adequate amount of
heated and unheated water under pressure and shall be connected to an approved sewer
system in compliance with city ordinances. (Ord. 267, 7-20-1999)
9-9-6: STAIRWAYS, PORCHES AND BALCONIES:
Every stairway, inside or outside of a dwelling, and every porch or balcony shall be kept
in safe condition and sound repair. Stairs and handrails shall conform to the Andover
building code standards 66. Every porch, balcony or deck which is thirty inches (30") or
more above grade shall have a guardrail and shall be firmly fastened and maintained in
good condition. No flight of stairs shall have settled out of its intended position or have
pulled away from the supporting or adjacent structures enough to cause hazard. No flight
of stairs shall have rotting, loose or deteriorating supports. Excepting spiral and winding
stairways, the treads and risers of every flight of stairs shall be essentially uniform in
width and height. Stairways shall be capable of supporting a live load of one hundred
(100) pounds per square foot of horizontal projection. (Ord. 267, 7-20-1999)
9-9-7: ACCESS TO DWELLING UNITS:
Access to or egress from each dwelling unit shall be provided without passing through
any other dwelling unit. (Ord. 267, 7-20-1999)
9-9-8: SECURITY FOR RENTAL UNITS:
No owner shall let or rent to another for occupancy any dwelling or dwelling unit unless
all exterior doors of the dwellings or dwelling units are equipped with safe, functioning
locking devices. Rental dwellings shall be furnished with door locks as follows:
A. For the purpose of providing a reasonable amount of safety and general welfare for
persons occupying multiple-family dwellings with common areas, an approved security
system shall be maintained for each multiple-family building to control access. The
security system shall consist of locking building entrance or foyer doors, and locked
doors leading from hallways into individual dwelling units. Dead latch type door locks
shall be provided with releasable lever knobs (or doorknobs) on the inside of building
entrance doors and with key cylinders on the outside of the building entrance doors.
Building entrance door latches shall be of a type that are is permanently locked.
B. Every door that provides ingress or egress for a dwelling unit within a multiple-family
building shall be equipped with an approved lock that has a deadlocking bolt that cannot
be retracted by end pressure; provided however, that such door shall be openable able to
be opened from the inside without the use of a key or any special knowledge or effort.
C. All multiple-family dwellings in existence prior to April 21, 1992, which were not
previously required to have an approved security system, shall not be subject to the
requirements of subsection A ofthis section. (Ord. 267, 7-20-1999)
9-9-9: MINIMUM STANDARDS FOR LIGHT AND VENTILATION:
No person shall occupy as owner or occupant or let to another for occupancy any
dwelling or dwelling unit for the purpose of living therein which does not comply with
the following minimum standards for light and ventilation:
A. Habitable Room Ventilation: Except where there is supplied some other device
affording ventilation and approved by the building official, every habitable room shall
have at least one window facing directly outdoors which can be opened easily. The
minimum total of window area that can be opened in every habitable room shall be a
minimum of tell. percent (10%) eil!:ht percent (8%) of the floor area of the room.
B. Non-habitable Room Ventilation: Every bathroom and water closet compartment, and
every laundry and utility room shall be provided with natural ventilation by means of
windows, or skylights having an area of not less than five perceRt (5%) four percent
(4 %) of the floor area of such rooms; except, that no windows shall be required if such
rooms are equipped with a ventilation system which is approved by the building official.
(Ord. 267, 7-20-1999; amd. 2003 Code)
C. Electric Service, Outlets And Fixtures: Every dwelling unit and all public and
common areas shall be supplied with electric service, functioning overcurrent protection
devices, electric outlets, and electric fixtures which are properly installed, which shall be
maintained in a safe working condition, and shall be connected to a source of electric
power in a manner prescribed by ordinance, rules and regulations of the city and bylaws
of the state. The minimum capacity of such electric service and the minimum number of
electric outlets and fixtures shall be as follows:
1. A dwelling containing one or two (2) dwelling units shall have at least the equivalent
of 100-ampere, 3-wire electric service per dwelling unit.
2. Each dwelling unit shall have at least one branch electric circuit for each six hundred
(600) square feet of dwelling unit floor area. (Ord. 267, 7-20-1999)
3. Every habitable room shall contain one electrical convenience outlet for each twelve
(12) lineal feet, or major fraction thereof, measured horizontally around the room at the
baseboard line; provided, that in each room, a ceiling type electric light fixture may be
substituted for one of the required electrical convenience outlets. (Ord. 267, 7-20-1999;
amd. 2003 Code)
4. Every water closet compartment, bathroom, kitchen, laundry room, and furnace room
shall contain at least one supplied ceiling type or wall type electric convenience outlet.
5. Every public hall and public stairway in every multiple dwelling shall be adequately
lighted to provide at least ten (10) foot-candles of illumination of all parts thereof at all
times by means of properly located electric light fixtures; provided, that such electrical
lighting may be omitted from sunrise to sunset where there are windows or skylights
opening directly to the outside and where the total window or skylight area is at least one-
tenth (1/10) of the combined horizontal area of the floor and stairway of each such public
hallway and where such windows or skylight provide adequate natural light to all parts of
each public hallway. Every public hall and stairway in dwellings containing two (2)
dwelling units shall be supplied with convenient light switches, controlling an adequate
lighting system that will provide at least ten (10) foot-candles of illumination on all parts
thereof, which may be turned on when needed.
6. A convenient switch or equivalent device for turning on a light in each dwelling unit
shall be located near the point of entrance to such unit. (Ord. 267,7-20-1999)
9-9-10: MINIMUM STANDARDS FOR HEAT:
A. Standards Established: No person shall occupy as owner or occupant or let to another
for occupancy any dwelling or dwelling unit, for the purpose of living therein, which
does not have heating facilities which are properly installed and maintained in a safe and
working condition and which are capable of safely heating all habitable rooms,
bathrooms and water closet compartments in every dwelling unit located therein to a
temperature of at least seventy degrees FahreRheit (700F) or sueh lesser temperature
required by governmeE:t amhority to be maiRtained at floor level, wheR the outdoor
temperatl:li'e is tVlCflty degrees below zero Fahrenheit (200F) sixtv-eie:ht de2rees
Fahrenheit (680F) at a point three feet (3') above the floor when the outside
temperature is -16 dee:rees Fahrenheit.
B. Prohibited Heating Methods:
1. Gas or electric appliances designed primarily for cooking or water heating purposes
shall not be considered as heating facilities within the meaning of this section.
2. Portable heating equipment employing flame and the use of liquid fuel does not meet
the requirement of this section and is prohibited.
3. No owner or occupant shall install, operate or use a space heater employing a flame
that is not vented outside the structure in an approved manner. (Ord. 267, 7-20-1999)
9-9-11: GENERAL MAINTENANCE REQUIREMENTS:
No person shall occupy, as owner or occupant, or let to another for occupancy, any
dwelling or dwelling unit for the purpose of living therein which does not comply with
the following requirements:
A. Foundations, Exterior Walls And Roofs: The foundation, exterior walls and exterior
roof shall be substantially watertight and protected against vermin and rodents and shall
be kept in sound condition and repair. The foundation element shall adequately support
the building at all points. Every exterior wall shall be free of structural deterioration or
any other condition which might admit rain or dampness to the interior portion of the
walls or to the interior spaces of the dwelling. The roof shall be tight and have no defects
which admit rain and roof drainage and shall be adequate to prevent rainwater from
causing dampness in the walls. All exterior surfaces, other than decay resistant materials,
shall be protected from the elements and decay by paint or other protective covering or
treatment. If approximately twenty five percent (25%) or more of the total exterior
surface is unpainted or lacks protective coating or is determined by the building official
to be deteriorated, the surface shall have a protective covering applied. If approximately
twenty five percent (25%) or more of the total exterior surface of any brick, block or
stone wall is loose or has fallen out, the surface shall be repaired. (Ord. 267, 7-20-1999;
amd. 2003 Code) Any shine:les. sidin2. or other protective element that has become
dama2ed or deteriorated beyond effectiveness or is missin2 shall be repaired or
replaced in a timely manner.
B. Windows And Doors: Every window, exterior door and hatchway shall be
substantially tight and shall be kept in good repair. Every window, other than a fixed
window or storm window, shall be capable of being easily opened and closed. Every
window, door and frame shall be constructed and maintained in such relation to the
adjacent wall construction as to completely exclude rain, vermin and rodents from
entering the building.
C. Floors, Interior Walls And Ceilings: Every floor, interior wall and ceiling shall be
protected against the passage and harborage of vermin and rodents and shall be kept in
sound condition and good repair. Every floor shall be free ofloose, warped, protruding or
rotting flooring materials. Every interior wall and ceiling shall be maintained in a tight,
waterproof condition. Toxic paints or materials with a lasting toxic effect shall not be
used. Every toilet room and bathroom floor surface shall be capable of being easily
maintained.
D. Rodent Infested Buildings: Buildings found to be rodent infested shall be made rodent
resistant. All openings in the exterior walls, foundations, basements, ground or first floors
and roofs which have one-half foot (1/2') diameter or larger openings shall be rodent-
proofed in an approved manner. Interior floors or basements, cellars and other areas in
contact with the soil shall be paved with concrete or other rodent impervious material.
E. Fences: All fences s1lflplied by the owner on the premises and all fCRees erected by an
occupant OR the premises shall consist of metal, '.'lood, masonry or other decay resistant
materials. Fooces shall be maintaiaed in good eondition. Materials, other thaB. decay
resistant varieties, shall be proteeted against decay by use of paint or other preservatives
shall conform to chapter 12-7 of this code.
F. Accessory Structures: Accessory structures shall be structurally sound and be
maintained in good repair. The exterior of such structures shall be made weather resistant
through the use of decay resistant materials such as paint or other preservatives. All
accessory structures shall conform to chapter 12-6 of this code.
G. Safe Building Elements: Every foundation, roof, floor, exterior and interior wall,
ceiling, inside and outside stair, every porch and balcony, and every appurtenance
thereto, shall be safe to use and capable of supporting normal structural loads.
H. Facilities To Function: All equipment or utilities required under city ordinances and
every chimney and flue shall function effectively in a safe and working condition.
1. Grading And Drainage: Every yard, court, or passageway on the premises on which a
dwelling stands shall be graded and drained so as to be free of standing water that
constitutes a detriment to health and safety.
J. Yard Maintenance: Every yard of a premises on which a dwelling stands shall be
maintained to prevent dust and erosion. (Ord. 267, 7-20-1999)
9-9-12: CONSTRUCTION REQUIREMENTS:
Every dwelling within the city shall conform to the Andover Buildine: Code (Ord. 267,
7-20-1999; amd. 2003 Code)
9-9-13: MAXIMUM DENSITY, MINIMUM SPACE FOR RENTAL UNITS:
No person shall permit or let to be occupied any rental dwelling for the purpose of living
therein which does not comply with the following requirements:
A. Permissible Occupancy Of Dwelling Unit: The maximum permissible occupancy of
any rental dwelling unit shall be determined as follows:
1. For the first occupant, one hundred fifty (150) square feet of habitable room floor
space and for every additional occupant thereof, at least one hundred (100) square feet of
habitable room floor space.
2. In no event shall the total number of occupants exceed two (2) times the number of
habitable rooms, less the kitchen, in the dwelling unit.
B. One Family Per Dwelling Unit: Not more than one family, except for temporary
guests, shall occupy a dwelling unit. (Ord. 267, 7-20-1999)
9-9-14: ADMINISTRATION AND ENFORCEMENT OFFICIAL; INSPECTIONS:
A. The building official shall administer and enforce the provisions of this chapter when
reason exists to believe that a violation of the provisions of this chapter has been or is
being committed. Inspections shall be conducted during reasonable hours, and the
building official shall present evidence of his/her official capacity to the owner or
occupant in charge of the dwelling unit. The building official shall keep confidential all
evidence, exclusive of the inspection record, which he/she may discover or obtain in the
course of an inspection made pursuant to this section, and such evidence shall be
considered privileged.
B. If any owner, occupant, or other person in charge of a dwelling, dwelling unit,
rooming unit, or of a multiple dwelling fails or refuses to permit free access and entry to
the structure or premises under his control, or any part thereof, with respect to which an
inspection authorized by this chapter is sought to be made, the building official may,
upon a showing that probable cause exists for the inspection and for the issuance of an
order directing compliance with the inspection requirements of this section with respect
to such dwelling, dwelling unit, rooming unit, or multiple dwelling, petition and obtain
such order from a court of competent jurisdiction. (Ord. 267, 7-20-1999)
9-9-15: UNFIT CONDITIONS:
A. Unfit For Human Habitation:
1. Any dwelling, dwelling unit or rooming unit or portion thereof which is damaged,
decaying, dilapidated, unsanitary, unsafe, vermin or rodent infested or which lacks
provision for basic illumination, ventilation or sanitary facilities to the extent that the
defects create a hazard to the health, safety or welfare of the occupants or of the public
may be declared unfit for human habitation. Whenever any dwelling, dwelling unit or
rooming unit has been declared unfit, the building official shall order same vacated
within a reasonable time and shall post a placard on same indicating that it is unfit for
human habitation, and any operating license previously issued for such dwelling shall be
revoked pursuant to law.
2. It shall be unlawful for such dwelling, dwelling unit or rooming unit or portion thereof
to be used for human habitation until the defective conditions have been corrected and
written approval has been issued by the building official. It shall be unlawful for any
person to deface or remove the declaration placard from any such dwelling unit.
B. Unfit And Vacant Dwellings To Be Secured: The owner of any dwelling, dwelling
unit or rooming unit which has been declared unfit for human habitation or which is
otherwise vacant for a period of sixty (60) days or more shall make the same safe and
secure so that it is not hazardous to the health, safety and welfare of the public and does
not constitute a public nuisance. Any vacant dwelling open at doors, windows, or wall
opening, if unguarded, shall be deemed to be a hazard to the health, safety and welfare of
the public and is a public nuisance within the meaning ofthis chapter.
C. Hazardous Building Declaration: In the event that a dwelling has been declared unfit
for human habitation and the owner has not remedied the defects within a prescribed
reasonable time, the dwelling may be declared a hazardous building and may be
removed, razed or corrected pursuant to the provisions of Minnesota statutes sections
463.15 to 463.261. (Ord. 267, 7-20-1999)
9-9-16: COMPLIANCE ORDER; APPEALS; PENALTY:
A. Issuance; Contents: Whenever the building official determines that any dwelling,
dwelling unit or rooming unit or portion thereof is in violation ofthis chapter or any other
ordinance, he/she may issue a compliance order setting forth violations of this chapter or
any other ordinance and ordering the owner, occupant, operator or agent to correct such
violations. This compliance order shall:
1. Be in writing.
2. Describe the location and nature ofthe violations of this chapter.
3. Establish a reasonable time frame, not to exceed sixty (60) days, to correct such
violation and notify the owner of his appeal recourse.
4. Be served upon the owner, operator and occupant, or any of them; provided, that such
notice shall be deemed to be properly served upon such owner, operator, or occupant if a
copy thereof is:
a. Served to him/her personally; or
b. Sent by registered mail to his/her last known address;
c. Upon failure to effect notice through subsection A4a or A4b of this section, service
may be made pursuant to Minnesota statutes section 463.17, subdivision 2, which reads
as follows:
This order shall be served upon the owner of record, or his agent if in charge of the
building, and upon the occupying tenant, if there is one, and upon all lien-holders of
record, in the manner provided for service of a summons in a civil action. If the
owner cannot be found, the order shall be served upon him by posting it at the main
entrance to the building and by four weeks' publication in the official newspaper of
the municipality if it has one, otherwise in a legal newspaper in the county.
(Ord. 267, 7-20-1999; amd. 2003 Code)
B. Appeals:
1. When it is alleged by any person to whom a compliance order is directed that such
compliance order is based upon erroneous interpretation of this chapter, or upon a
misstatement or mistake of fact, such person may appeal the compliance order to the City
Council. Such appeal must be accompanied by a filing fee as designated by City Council
in cash or cashier's check and must be filed with the building official within five (5)
business days after service of the compliance order. The filing of an appeal shall stay all
proceedings in furtherance of the action appealed from unless such stay would cause
imminent peril to life, health or property.
2. Upon at least five (5) business days' notice to the appellant of the time and place for
hearing the appeal and within thirty (30) days after said appeal is filed, the City Council
shall hold a hearing thereon. The City Council shall find that the order be reversed,
modified or affirmed in whole or in part.
C. Restrictions On Transfer Of Ownership During Pending Compliance Order: It shall be
unlawful for the owner of any dwelling, dwelling unit or rooming unit upon whom a
pending compliance order has been served to sell, transfer, mortgage or lease or
otherwise dispose thereof to another person until the provisions of the compliance order
have been complied with, unless such owner shall furnish to grantee, lessee or mortgagee
a true copy of any notice of violation or compliance order and shall obtain and possess a
receipt of acknowledgment. Anyone securing an interest in the dwelling, dwelling unit or
rooming unit who has received notice of the existence of a compliance order shall be
bound by same without further service of notice upon him/her and shall be liable to all
penalties and procedures provided by this chapter.
D. Execution Of Compliance Orders By Public Authority: Upon failure to comply with a
compliance order within the time set therein, and no appeal having been taken, or upon
failure to comply with a modified compliance order within the time set therein, the
criminal penalty established hereunder notwithstanding, the city council, after due notice
to the owner, may by resolution cause the cited deficiency to be remedied as set forth in
the compliance order. The cost of such remedy shall be a lien against the subject real
estate and may be levied and collected as a special assessment in the manner provided by
Minnesota statutes chapter 429 for any reasons set forth in section 429.101, subdivision
1, and specifically for the removal and elimination of public health or safety hazards from
private property, but the assessment shall be payable in a single installment. It is the
intent of this section to authorize the city to utilize Minnesota statutes section 429.101 to
promote the public health, safety and general welfare.
E. Violation A Misdemeanor: Any person who fails to comply with a compliance order
after a right of appeal has expired and any person who fails to comply with a modified
compliance order within the time set therein, upon conviction thereof, shall be guilty of a
misdemeanor. (Ord. 267, 7-20-1999)
Revision # 69
12 11 19: DRIVE IN BUSINESSES:
/\.. Drainage: The entire area shall have a drainage system approved by the engineering
staff..
B. Sl:li'facing: The entire area other than that occupied by structures or plaRtings shall be
smfaced ,vita a material which will control dust aRd drainage.
C. Box Cmb: f~ bo~( cmb at least six inches (a") above grade shall separate the pl:1blic
'salk area from the lot e~(cept at appro'led entraRee or exit driyes.
D. Fenciag:
1. .^. fence of acceptable design not over six feet (a') iR height or less than fom f-eet (4')
shall be constructed along the property line abutting a residential district, aRd such
fence shall be adequately maimained. The f-ence shallllot be reqHired 'NithiR the
required from yard. (lunended Ord. 8, 10 21 1970)
2. Should the use be a driye in theater, a solid feRce not greater than six feet (6') iR height
extending at least to within two f-eet (2') of too grEll:ffid shall be constructed around the
property iR conformance with yard reqwremeflts. (.^.meRded Ord. 8, 10 21 1970;
amd. 2003 Code)
E. Lighting: The lightiRg shall be accomplished in ooca a ':lay as to have RO direct source
oflight visible from the pl:1blie right of'Nay or adjacent laRd in resideatial use. (f.mended
Ord. 8, 10 21 1970)
Revision # 70
12-14-21: OTHER NUISANCE CHARACTERISTICS:
A. Odors 2 years
Table III (Odor Thresholds) in chapter 5, air pollution manual, a copyright of 1951 by
Manufacturing Chemists Association, Incorporated, Washington, District of Columbia
and subsequent revisions.
B. Vibration 2 years
Any vibration discernible (beyond property line) to the human sense of feeling for three
(3) minutes or more duration in anyone hour and any vibration producing an acceleration
of more than 0.1 Gs or resulting in any combination of amplitudes and frequencies
beyond the safe range of Table 7, United States bureau of mines bulletin no. 442, seismic
effects of quarry blasting, on any structure.
C. Smoke 2 years
Any emission of visible smoke of a shade darker than no. 1 on the Ringelmann smoke
chart, as published by the United States bureau of mines; except, that visible gray smoke
of a shade not darker than no. 3 on said chart may be emitted or not more than four (4)
minutes in any thirty (30) minutes.
D. Air pollution (fly ash, dust, fumes, vapor, gases, etc.) 2 years
Any emission which can cause any damage to health, animals, or vegetation or other
forms of property, or which can cause any excessive soiling at any point, and in no event
any emission of any solid or liquid particles in concentrations exceeding 0.3 grains per
cubic foot ofthe conveying gas or air at any point.
For measurement of the amount of particles in gases resulting from combustion, standard
corrections shall be applied to a stack temperature of five hundred degrees Fahrenheit
(5000F) and fifty percent (50%) excess air. (Amended Ord. 8, 10-21-1970)
Revision #71
City Code 12-14-21 E. Animal Shelters
The intent is to move this section 12-14-21 (E.) to two new locations (and then will be
numbered based on other potential adjustments to the code).
12-14-21: Other Nuisance Characteristics:
E.12-6- Animals: Any building in which farm animals or pleasure/recreational animals
are kept shall be a distance of one hundred feet (I 00') or more from any other occupied
residence, and any open or roofed enclosure in which such animals are kept shall be a
distance of fifty feet (50') or more from any occupied residential lot 130. The city council
may order the owner of any such animals to apply for a conditional use permit if it is
deemed to be in the interest of the public health, safety, or general welfare. (Amended
Ord. 8, 10-21-1970; amd. 2003 Code)
12-5 Setback Requirements:
5. Animals: Anv building in which farm animals or pleasure/recreational animals are
kept shall be a distance of one hundred feet (IOO') or more from any other occupied
residence. and any open or roofed enclosure in which such animals are kept shall be a
distance offiftv feet (50') or more from any occupied residential lot. The city council
may order the owner of anv such animals to applv for a conditional use permit if it is
deemed to be in the interest of the public health. safetv. or general welfare. (Amended
Ord. 8. 10-21-1970; amd. 2003 Code)
Reyision #72
City Code 12-14-22 Visual Standards
12-14-22: VISUAL STANDARDS:
B. Prohibited Exteriors:
1. On any non-residential building, the following uniimshed material shall not be permitted
on exterior wall surfaces:
a. Aluminum, steel and metal, except as an accent material.
b. Common or painted concrete blocks.
c. Concrete brick.
c. Metal.
d. Galvanized steel (see subsection 12-14-25F of this chapter).
e. Structural clay tile.
f. Unfinished sheet metal, either corrugated or plain (see subsection 12-14- 25F of this
chapter).
g. Similar materials.
2. Such materials, however, may be used iR a proper arrangemeat or combiaation with other
materials of a permanem aature as an accent material to complement the vlith good
architectural design and appeal ofthe building as determined bv the Andover Review
Committee. The applicant shall have the opportunity for the City Council to review
architectural plans and make a final determination of the materials and desi2n.
Revision #73
12 11 23: BUILDING HEIGHT:
Buildiags preposed that Emeeed the height limits imposcd by provisiofls efthis titlc shall rcquire a
conditioRal use permit and shall be governed as follo''ys:
l.. Principle buildings of greater height than expressly permittcd by this title may be pcrmittcd by
conditioflal use permit, proyided it is determined that:
1. :\dcquate fire proteetion and other safety featl:li'cs are providcd.
2. The height and bulk of thc building will not destroy a scenie or the appropriatc view, '.'{ill not shut
off light and air from surrounding propertics, or othcrwise be detrimental to the public.
B. In no evcnt, howevcr, shall any building occupy morc than the permittedperccntagc of lot arca
as provided in this title. (.^.mended Ord. 8, 10 21 1970)
City Code 12-4-5 Permitted Encroachments:
F. Exemptions From Height Limits: Height limitations shall not apply to barns, silos and other
struetl:li'es OR farms, to ehureh spires, belfries, el:lfJolas and domes, monumcnts, chimneys and
smokcstacks, flagpolcs, public and public utility facilities, transmission tov.'€rs of eommereial and
private radio broadeasting stations, tclevision antennas, aRd parapet walls e~(tendiag not more than
fOl:lf feet (1 ') abo'le the limited height of the building except as herein provided. (.^ .mendcd Ord. 8,
1021 1970)
12-3-4 (B): MINIMUM DISTRICT REQUIREMENTS:
B. Maximum Height:
1. Principle Structure Height: A conditional use permit mav be granted to allow principle buildings
to exceed the height limits imposed bv provisions of this title provided it is determined that:
a. Adequate fire protection and other safety features are provided.
b. The height and bulk of the building will not destrov a scenic or the appropriate
view. will not shut off light and air from surrounding properties. or otherwise be detrimental
to the public.
c. In no event. however. shall any building occUPV more than the permitted percentage of lot
area as provided in this title.
2. Exemptions From Height Limits: Height limitations shall not apply to the following:
a. Barns. silos and other agricultural structures for rural agricultural uses.
b. Church spires. steeples. belfries, cupolas and domes
c. Chimnevs, flagpoles,
e. Public utilitv facilities
f. Transmission towers and antennae subiect to City Code 9-12
h. Parapet walls extending not more than four feet (4') above the height of the building.
Proposed addition uses table of City Code 12-13 (excerpt showing proposed height line item)
Permitted, Permitted Accessory, and Zoning District
Conditional Uses
R- R- R- R- R- M- M- G
LB N SC G I
1 2 3 4 5 1 2 R
B B
Principle buildings exceeding height
maximum subiect to Citv Code 12-3-4 C C C C C C C C C
C C C C
B.
12-3-4: MINIMUM DISTRICT REQUIREMENTS (excerpt showing height line item
with reference to exemptions of City Code 13-3-4B.)
Rl R2 R3 R4 R5 Ml M2 GR LB NB SC
GB I
Principle structure height
(maximum) subiect to City 35 35 35 35 35 35 35 35
35 35 45 45 45
Code 12-3-4B.
Reyision #74
12-15-2: Building Permits
12 15 2: BUILDINC PERM:ITS m-t
.\. Permit Required: No person shall ereet, alter, raze or move aRY building or part
thereof without first seeuring a building permit thereof.
B. Construc4:ioa .\ad Site Plan: The applieation for a buildiRg permit shaJl be
accompanied by e)[terior elevations of the proposed buildings which will adequately
and aeeurately designate the height, size, bulk, desigR, aRd the appearance of all
elevations and shall proyide a description of the eoastructioR afl:d materials proposed
to be used therein. .^. complete site plan shovling laRdseaping, off street parking,
strucrnre loeatioRs, graees, and access dri'les shall also be shOVlR.
C. Permit Fees: Building permit fees shall be according to a fee schedule adopted by
ordinance of the city eouaeil m . (.^.mended Ord. &, 10 21 1970; arnd. 2003 Code)
12-15-2: Commercial Site Plan Review
A. Purpose: Commercial Site Plan Review is necessary to protect the public health.
safety and general welfare as well as to promote orderlv development and prevent
adverse impacts on the surrounding community.
B. Applicabilitv: All non-residential development proposals shall be required to
complete the commercial site plan review process before a building permit can be
issued.
C. Additional ADDroval Required: All development proposals that require
additional approvals such as a conditional use permit. variance or approval from
another agency or organization shall obtain these approvals prior to application
for commercial site plan review.
D. Application: A completed commercial site plan application and fee as
established in City Code 1-7-3 shall be submitted to the Communitv Development
Department.
E. Required Materials: The application and fee shall be accompanied bv the
required application materials as specified on the commercial site plan
application.
F. Completeness Determination: The Community Development Department shall
review the application and materials for completeness. Ifthe application is
incomplete. staff will issue a letter detailing the deficiencies of the submittal. No
further action will be taken until the submittal is complete.
G. Review: Complete applications shall be reviewed bv the Andover Review
Committee (ARC) for compliance with applicable regulations. ARC shall provide
review comments to the applicant within two weeks of receipt of a complete
application.
H. Revision: The applicant shall make all necessary revisions to comply with the
review comments of ARC and all applicable regulations. The applicant shall then
resubmit the commercial site plan to the City. The applicant shall also be
required to respond in writing to each review comment to describe how the
comment was addressed on the commercial site plan.
1. Continuation to Compliance: The review and revision process described above
shall continue until ARC finds the commercial site plan in compliance with all
applicable regulations and all other approvals have been granted.
J. Approval: Once the proposal has been found to be in compliance with ARC
comments. applicable regulations and all other required approvals have been
granted, the applicant shall provide two complete full size and two complete half
size plan sets to the Citv to be signed. A signed plan set shall be returned to the
applicant. A signed plan set shall be retained by the City. No building permit
shall be issued prior to approval of the commercial site plan.
K. Appeal: Anv person aggrieved by a decision of ARC shall be entitled to appeal
to the Citv Council within thirtv (30) davs of the decision by filing a notice of
appeal. The Community Development Department shall schedule a date for
hearing before the Citv Council and notify the aggrieved person of the date. The
decision of ARC shall not be voided bv the filing of such appeal. Onlv after the
Citv Council has held its hearing will the decision of ARC be affected.
L. Revisions and Amendments: Administrative approval of minor changes to an
approved commercial site plan may be authorized bv the Communitv
Development Department upon review and approval by ARC. Proposed changes
that involve expansion in the use of the propertv or other substantial modifications
to the approved commercial site plan shall follow the procedures described in this
section.
M. Financial Guarantee: All improvements of the approved commercial site plan
should be completed before a certificate of occupancv is issued. If in the
determination of the Building Official and Fire Chief a building meets the
requirements for occupancy and site improvements are substantiallv completed a
certificate of occupancv mav be issued upon receipt of a cash escrow or letter of
credit to guarantee all remaining site improvements will be completed. The
amount of the cash escrow shall be determined by the Community Development
Department.
N. Inspection: The site shall be inspected as necessary to verify completion of all
work on the approved commercial site plan. No financial guarantee shall be
refunded until a site inspection has been completed and the work for which the
guarantee was held is completed as approved on the commercial site plan.
Revision # 75 & 80
12-15-4: AMENDMENTS:
A: In accordance with the provisions of Minnesota statutes, the governing body may,
from time to time, adopt amendments. Amendments to the text may be initiated by the
city council, planning and zoning commission, property owner, or resident. Staff shall
review all proposed amendments and make recommendations to the Plannin2
Commission. All proposed amendments shall be referred to the planning and zoning
commission prior to adoption, and the planning and zoning commission shall hold a
public hearing on the proposed amendment. The Public Hearing shall be held in
accordance with Chapter 12-15-8. Fees shall be charged according to the most current
fee schedule. The final decisions regarding amendments shall rest with the City Council.
V.mended Ord. 8, 1021 1970)
B: RELATION TO COMPREHENSIVE PLAN: It is the policy ofthe City of
Andover that the enforcement. amendment. and administration of this Chapter be
accomplished consistent with the recommendations contained in the City
Comprehensive Plan. as deyeloped and amended from time to time by the Plannin2
Commission and City Council. The Council recoe:nizes the City Comprehensive
Plan as the official policy for the re2ulation on land use and deyelopment in
accordance with the policies and purpose herein set forth. In accordance with
Minnesota Statutes Chapter 473. the City will not approve any rezonine: or other
chan2es in these re2ulations that are inconsistent with the City Comprehensive Plan.
Proposed chan2es to the City Comprehensive Plan shall have a Public Hearinl!: per
the process in Chapter 12-15-8.
12-15-5: REZONING:
A. Procedure: The procedure for changing zoning district boundaries (rezoning) shall be
as follows:
1. Initiation Of Rezoning: The planning and zoning commission, the city council, aay
perSOR or a property owner or desi2nee may initiate a rezoning. Persons wishing to
initiate a rezoning of property shall fill out a rezoning request form. The rezoning
form shall be accompanied by a fee as set forth by ordinance .134 to be used for the
costs of processing the application. The rezoning form shall be filed with the
community development director. An additional fee as set by council ordinance may
be required for each meeting in excess of two (2) which is necessary because of
incomplete information or changes in the application. (Amended Ord. 8, 10-21-1970;
amd. 2003 Code)
decision. The planning and zoning commissioR shall take action on the application 'sithin
siKty (60) days from the date of the original publie heariRg, unless a ',\'!itteR extension is
graRted by the applicant.
1. Planning .^.nd Zoning CemmissieR Report TEl City Ceuncil: The plal:l111ng aM zoning
commission shall make its report to the city eouncil on or before the aext r-egular meeting
of the city cOWleil following the date of the hearing. The report of the plaB.lling and
zoning eommission shall be plaeed OR the agemla of the city couneil in the f-ollowing
manner:
a. Reeommendations from the planning aRd zomng commissioR meeting held on the
second Tuesday shall be placed OR the agenda ofthe eity council no later than the first
Tuesday meeting of the follo'Niag mORth.
b. Reeommendatioas from the planniB:g and zOn1ag eommission meetiRg held on the
fourth Tuesday shall be placed OR the ageflda of the eity eeuncil FlO later than the third
Tuesday meetiRg of the following moE:th, unless there are five (5) Tuesdays iR the given
moH:th from which the recommendation of the plamJ:iag aRd zoning commission is made,
in whieh ease, the reeommendation shall be placed on the agenda of the city eouncil no
later thaR the first Tuesday meetiag of the follovling month.
~ 3. City Council Action: After a completed application has been submitted. the City
Council shall follow the deadline for response to a rezonin2 application as outlined
in State Statute 15.99. city couneil ffitlst take action OR a eompleted applieation within
sixty (60) days following it's submittal. The persan making the applicatioR shall be
notified of the aetion taken. Sueh action may eonsist of appro'lal, denial, ar referral back
to the plafllling and zElRing eommissien. If the item is referred back te the planning and
zoning eommission, it must re'lie\ved aRd returned to the eity couneil withiR thirty (30)
day&:
12-15-6: CONDITIONAL USES:
A. General Provisions:
1. Conditional use permits may be granted or denied in any district by action of the city
council.
2. The community development director shall maintain a record of all conditional use
permits issued including information on the use, locations, conditions imposed by the city
council, time limits, review dates, and such other information as may be appropriate. A
copy of the conditional use permit shall also be filed with the building official. (Amended
Ord. 8, 10-21-1970; amd. 2003 Code)
3. Any change involving structural alteration, enlargement, intensification of use, or
similar change not specifically permitted by the conditional use permit shall require an
3
amended conditional use permit, and all procedures shall apply as if a new permit were
being issued.
4. All uses existing at the time of adoption of this title and automatically granted a
conditional use permit shall be considered as having a conditional use permit which
contains conditions which permits any land use and structures as they existed on said
date, and any enlargements, structural alterations, or intensification of use shall require an
amended conditional use permit as provided for above.
5. Certain uses, while generally not suitable in a particular zoning district, may, under
some circumstances, be suitable. When such circumstances exist, a conditional use permit
may be granted. Conditions may be applied to issuance of the permit, and a periodic
review of the permit may be required. The permit shall be granted for that particular use
and not for a particular person or firm. The cancellation of a conditional use permit shall
be considered administratively equivalent to a rezoning, and the same requirements and
procedures shall apply.
B. Criteria For Granting Conditional Use Permits:
1. In granting a conditional use permit, the city council shall consider the advice and
recommendation of the planning and zoning commission and:
a. The effect of the proposed use upon the health, safety, morals and general welfare of
occupants of surrounding lands.
b. Existing and anticipated traffic conditions, including parking facilities on adjacent
streets and land.
c. The effect on values of property and scenic views in the surrounding area, and the
effect of the proposed use on the comprehensive plan.
2. If it shall determine by resolution that the proposed use will not be detrimental to the
health, safety, morals, or general welfare of the community, nor will cause serious traffic
congestion or hazards, nor will seriously depreciate surrounding property values, and that
said use is in harmony with the general purpose and intent of this title and the
comprehensive plan, the city council may grant such permits. (Amended Ord. 8, 10-21-
1970)
C. Procedure:
I.Request For Conditional Use; Fee: The person applying for a conditional use permit
shall fill out and submit to the community development director a request for
conditional use permit form together with a fee as set forth by ordinance 135. An
additional fee as set forth by ordinance may be required for each meeting in excess of
two (2), which is necessary because of incomplete information or changes in the
4
petition. The community development director shall refer the application to the
planning and zoning commission. (Amended Ord. 8, 10-21-1970; amd. 2003 Code)
2. A Public Hearine: shall be held in accordance with section 12-15-8.
2. Notice To .A~djaccnt Property O'Nners: Property owners and occupants within three
hundred fifty f-eet (350') of the property in question shall be notified at least ten (10) days
prior to the planning aRd zoniRg commission meetiflg, although faill:1fe of any property
ovmers or occupants to receive such notification shall not inyalidate the proceedings.
Notification shall be by mail. The petitioner shall be required to submit a list of the
property owners and occupants within three hundred fifty feet (350') as part of the
petitioR.
3. Planning .A.nd ZORiRg Commission COflsideration: The planniRg aed zoniRg
eommissioR sba:ll eORsider the petition at its next regular meeting, but not earlier than
seyen (7) days from the date of submission to the planning and zoning commission. The
petitioaer or his representative shaH appear before the planning aed zoniRg eommission
iR order to aRswer questions concerning the proposed eonditional use permit.
1. Planning .AJld ZoaiRg CommissioR Report To City Council: The report of the plaRRing
and zoning eommission shall be placed OR the ageada of the eity eOlffieil in the follO'.ying
manner:
a. Reeomrneadations from the plar.ning aRd zomag commission meeting held on the
seeoRd Tl:1esday sba:ll be plaeed on the agenda of the eity council no later thae the first
Tuesday meeting of the followiRg mORth.
b. Recommendations from the planning and zoning 60mmissi0R meetiRg held OR the
fol:li'ili Tuesday shall be placed on the ageRda of the eity eouneil RO later than the third
Tuesday meeting of the following month, unless there are fi'le (5) Tl:1esdays in the giyen
month from '.vhieh the recommendation of the planning and zoning eommission is made,
in which case, the reeommendation shall be placed on the agenda of the city couneil no
later thaR the first Tuesday meeting of the follcl'.v-ing month.
5. City Council Action: After a completed application has been submitted. the City
Council shall follow the deadline for response to a rezonin2 application as outlined
in State Statute 15.99. The city couneil HHlSt take action on the applicatioR within sixty
(60) days after reeeiving the rcport ofthe plaening and zornag eommission. Ifit grants
the eORditional use permit, the eity eoooeil may impose eonditions (iReluding time limits)
it considers neeessary to proteet the public health, safety aRd vlelfare, and such conditions
may include a time limit for the use to eldst or operate. (.A..mended Ord. &, 10 21 1970)
6. Amended Application: An amended conditional use permit application shall be
administered in a manner similar to that re~uired for a new conditional use permit; and
the fee shall be as set forth by ordinance .11.... Amended conditional use permits shall
include reapplications for permits that have been denied, requests for changes in
5
conditions, and as otherwise described in this title. (Amended Ord. 8, 10-21-1970; amd.
2003 Code)
7. Reapplication After Denial: No application for a conditional use permit shall be
resubmitted for a period of one year from the date of said order of denial.
8. Hearing May Be Held: When a conditional use permit may be of general interest to the
community or to more than the adjoining owners, the planning and zoning commission
may hold a public hearing, and the conditional use permit shall be reviewed with notice
of said hearing published at least ten (10) days prior to the hearing.
D. Time Limit On Implementing Conditional Use: If the city council determines that no
significant progress has been made in the first twelve (12) months after the approval of
the conditional use permit, the permit will be null and void. (Amended Ord. 8, 10-21-
1970)
12-15-7 VARIANCES
Please see the Code Revision titled "12-15-7 Public Hearings for Variances"
11-2-1-C: SKETCH PLAN:
C. Procedure For Submission And Review: The sketch plan shall be submitted and
reviewed in accordance with the following procedures:
1. The subdivider shall submit ten (10) copies of the sketch plan to the community
development director for review by the Andover review committee. The ARC shall
review and comment on the sketch plan within ten (10) days of the submittal by the
subdivider.
2. Upon ARC review and comment, the sketch plan shall be placed on the next available
agenda of the Planning Commission, but no sooner than ten (10) days after being
reviewed by the ARC. The Plannin2 Commission shall hold a Public Hearinl?: in
accordance with Chapter 12-15-8. Notification shall be seat to adjaccnt property
O'Nflem v:ithia three hundred fifty feet (350') ten (10) days prior to the meetiRg ofthe
planniag aad zoning eommission. Faill:li'e to reeeivc Sl:lch notifieation shall not inyalidate
the proeeedings.
3. Upon Plannin2 Commission plaRi1iag and zoning eommission review and comment,
the sketch plan shall be placed on the next available city council agenda, but no sooner
than ten (10) days after being reviewed by the planning and zoning commission.
6
11-2-2-B-5: PRELIMINARY PLAT:
5. Planning And Zoning Commission Hearing:
a. The planning and zoning commission shall hold a public hearing on the preliminary
plat within sixty (60) days after said complete preliminary plat and complete application
are filed with the clerk. The Public Hearine: shall be held accordin2 to Chapter 12-15-
8. At said hearing, all persons interested in the plat shall be heard.
b. Notiee oftimc and placc of hearing aRd the full legal deseription of the area to be
soodiyided shall be published once in the offieial Rewspapcr of the city at leaGt ten (10)
days before the day of the hearing. The sabdiyidcr shall furniGh the elcrk '.vith the nameG
and mailing addresses of the OWRers of all land '.vithin three ffimEked fifty feet (350') of
bOlmdaries of the preliminary plat, and the e1erk shall give mailed notice of the hearing to
Gaid O'i'mers at least ten (10) days prior to the day of the hearing, although faill:li'e of any
property O'i'lRer to reeeive sueh notifieation shall not in'lalidate the proeeedingG.
e. The planning and zoniRg eommission shall conduct the hearing OR the preliminary plat
and shall make its reflort to the couneil within thirty (30) days after said hearing.
6. Council Action:
a. After the council receives the report of the planning and zoning commission,
the council, at its next regular scheduled meeting, shall act to approve or
disapprove the preliminary plat. The report of the planning and zoning
commission shall be placed on the agenda ofthe city council in the following
manner:
(1) Recommendations from the planning and zoning commission meeting
held on the second Tuesday shall be placed on the agenda of the city
council at the first Tuesday meeting of the following month.
(2) Recommendations from the planning and zoning commission meeting
held on the fourth Tuesday shall be placed on the agenda of the city
council at the third Tuesday meeting of the following month, unless there
are five (5) Tuesdays in the given month from which the recommendation
of the planning and zoning commission is made, in which case, the
recommendation shall be placed on the agenda of the city council at the
first Tuesday meeting of the following month.
b. If the council shall disapprove the plat, the grounds for any such disapproval
shall be set forth in the proceedings of the council and reported to the subdivider
within fourteen (14) days thereafter.
7
c. Approval of a preliminary plat by the council is tentative only, subject to the
compliance with all requirements and recommendations as a basis for preparation
of the final plat.
7. Petition To Rezone: At the time of the filing of the preliminary plat, the subdivider
shall submit to the clerk a petition for rezoning to the proposed future use of said land if
the land is not already so zoned. The owner of said land shall join in said petition.
8. Approval Of Engineering Factors: Subsequent approval by the council shall be
required of all engineering considerations presented in the preliminary plat which
include, but which shall not be limited to, easements, water supply, sewage disposal,
storm drainage, surface water storage, gas and electric services, road gradients and
widths, and the surfacing of streets, prior to the approval of the final plat by the council.
9. Time Limit On Actions: After a completed application has been submitted. the
City Council shall follow the deadline for response as outlined in State Statute 15.99.
Tho council shall act on the prelimiRary plat '.vithiFl. ORO hundred twenty (120) daYG of the
date on ,....hieh it 'Nas filod \'lith the clerk. If the reJlort of the planning aFJ.d zOFl.ing
commission haG not boon received within said poriod, the council shall aet without such
report.
8
Revision #77
City Code 12-15-6 Conditional Uses:
A. General Provisions
4. All uses existing at the time of adoption of this title (October 21. 1970) and
automatieally graRted a eonditional use permit shall be considered as having a conditional
use permit which contains conditions which permits any land use and structures as they
existed on said date, and any enlargements, structural alterations, or intensification of use
shall be requireg to at!: amended their conditional use permit through the process as
provided for above in this section.
Revision # 78
12-15-7 VARIANCES
A. Variances Authorized: Where there are practical difficulties or unnecessary hardships
in the way of carrying out the strict letter of the provisions ofthis title, an appeal may
be made and a variance granted. A variance reQuires a hardship on the part of the
applicant and the burden of prOyin2 the hardship shall fall upon the applicant.
"Hardship" as used in connection with the 2rantine: of a variance means the
property in Question cannot be put to a reasonable use if used under the
conditions allowed by the official controls: the plie:ht of the landowner is due to
circumstances uniQue to the property not created by the landowner: and the
variance . if 2ranted. will not alter the essential character of the locality.
Economic considerations alone shall not constitute a hardship if a reasonable use
for the property exists under the terms of the ordinance. The hardships or
difficulties must na'le to do with the characteristies of the land and not the property
owner. (Amended Ord. 8, 10-21-1970)
B. Procedure: The procedure for granting variances is as follows:
1. Request For Variance; Fee: A person desiring a variance shall fill out aRd submit
to the community development director a request for variance form together with
a fee as set forth by ordinance.
2. Planniag And Zoning Commission Report To City Council:
a. The applieatiofl shall be referred to the plaJ:Hling and ZOniRg commission
whieh shall submit a report to be placed on the agenda of the city council in the
follo'sing manner:
(I) RecommeBdatioBs from the planning and zoning commission meeting held on
the second Tuesday shall be placed on the agenda of the city council no later than
the first Tuesday meeting of the following mORta. V\mended Ord. 8, 10 21 1970;
amd. 2003 Code)
(2) Reeommendations from the planniag and zon-iag eommissioR meeting held on
the f<lurth Tuesday shall be plaeed OR the agenda of the eity eoooeil RO later thaR
the third Tuesday meeting of the follow fag moH:th, unless there are fi'le (5)
Tuesdays iR the gh<en month from '.vh-ieh the recommeRdatioR of the planRiag and
zORing eOHHRission is made, iR 'shieh ease, the reemnrneBaation shall be placed on
the ageada of the city council no later than the fIrst Tuesday meeting of the
following mmrth.
b. The petitioner shall appear before the planning and zoning commission in order
to ans'\ver questions.
;; ~ City Council Action: The City Council may grant the variance request if it will
be in keeping with the spirit and intent of this title and if it finds that strict
enforcement ofthis title will cause undue hardships because of circumstances
unique to the individual property under consideration. Economic considerations
shall not alone constitute an undue hardship if reasonable use of the property
exists under the terms ofthis title.
4 J. Appeals: The petitioner, if appealing an interpretation of this title by an employee
of the city which would require him/her to obtain a variance, shall have the fee
refunded ifhis/her appeal is upheld by the City Council.
S .1 Emergency Variance Requests: The City Council may waive planning and
zoning commission review and take immediate action on emergency variance
requests that affect the immediate health and welfare of the citizens of Andover or
if time constraints present severe hardship to the applicant. The applicant is
required to show the immediacy of the issue and the potential health or welfare
threat. The City Council shall determine if the request warrants immediate
reVIew.
6 ~ Time Limit On Implementing Variance: If the City Council determines that no
significant progress has been made in the first twelve (12) months after the
approval of the variance, the variance will be null and void. (Amended Ord. 8, 10-
21-1970)
Revision # 79
12-15-9 APPLICATION FEES
12-15-9
Application fees for rezoning, cOflditioaal use permits, varianees items listed on the Fee
Schedule and appeals, as set out in subsections 12-15-5Al, 12-15-6Cl and 12-15-7Bl of
this chapter, may be changed from time to time as set forth by ordinance 138 . (Amended
Ord. 8, 10-21-1970; amd. 2003 Code)
Reyision #83 Crematorium Regulations
12-2-2: DEFINITIONS
Cemetery: Land used for the burial of human bodies. excluding crematoriums.
Crematorium: A place within a funeral home where bodies are consumed bv incineration
and the ashes of the deceased are collected for permanent burial or storage in urns as a part of a
funeral conducted on the site subiect to the setback requirements of Citv Code 12-5 . Anvother
cremations shall be subiect to limitations bv the City Council through the conditional use permit
process based on the location. size of the site. surrounding land uses and anv other health or safety
concerns.
Mortuary and Funeral Home: A building used for human funeral services that mav contain space
and facilities for funeral services. preparation of the dead for burial. the performance of autopsies
and other surgical procedures on the dead. the storage of caskets. funeral urns. and other related
funeral supplies and the storage of funeral vehicles. A funeral home shall not include facilities for
cremation. unless allowed bv a conditional use permit. A funeral chapel shall be considered an
accessorv use to a funeral home.
CITY CODE 12-13 PERMITTED, CONDITIONAL, AND PROHIBITED
USES ENUMERATED
Pennitted, Permitted Accessory, Zoning Districts
Conditional, and Prohibited Uses
R-I R-2 R_31 R_4L R-5 M- M- GR
LB NB SC GB I
1 2
Cemetery C C C C C C C
Crematorium
C .c.
Funeral home
P P P P :f
CITY CODE 12-5-3 SETBACKS ADJACENT TO RESIDENTIAL AREAS:
A. Business Districts: Where a business district is adjacent to a residential district, the
minimum building setback from the lot line shall be thirty five feet (35').
B. Industrial Districts: In the case of industrial districts, such minimum setback shall be seventy
five feet (75'). (Amended Ord. 8,10-21-1970)
C. Crematorium: A structure containin2 a crematorium shall be setback a minimum of
300 feet from any residential property line and shall also be reQuired to meet the
minimum setback reQuirements of City Code12-3-4.
Revision # 76
12-14 PUBLIC HEARING PROCESS
12-14-8 Public Hearings
A. Council Actions Requiring a Public Hearing: The following Council Actions
shall require a public hearing:
1. Variance
2. Conditional Use Permit (CUP)
3. Rezoning and Text Amendment
4. Sketch Plan
5. Preliminary Plat
6. Comprehensive Plan Amendment
B. Public Hearing
1. A public hearing on an application for the Council actions in this chapter
shall be held by the Planning Commission in accordance with Minnesota
State Statutes.
2. A notice of the time, place and purpose of the hearing shall be published
in the official newspaper of the city ten (10) days prior to the day of the
hearing. Property owners and occupants within three hundred fifty feet
(350') ofthe property in question (based on the City's most current
version of Anoka County Property Records data) shall be notified in
writing, although failure by any property owner or occupant to receive
such notice shall not invalidate the proceedings. Notification shall be by
mail.
3. The hearing may be continued from time to time in the event the
planning and zoning commission needs additional information from the
applicant or other sources to make its decision.
4. The Planning Commission recommendation shall be presented to the City
Council.
5. The City Council shall make the final decision on the proposed action.
12-15-8-9: APPEAL PROCEDURES: .........
12-15-910: APPLICATION FEES:.........
12-15-M 11: VIOLATION; PENALTIES:..........
~ The following excerpts of Code will show where public hearing info is being deleted
and replaced with a reference to the new 12-15-8 ~
12-15-5: REZONING:
1
A. Procedure: The procedure for changing zoning district boundaries (rezoning) shall be
as follows:
1. Initiation Of Rezoning: The planning and zoning commission, the city council, or
any person may initiate a rezoning. Persons wishing to initiate a rezoning of
property shall fill out a rezoning request form. The rezoning form shall be
accompanied by a fee as set forth by ordinance 134 to be used for the costs of
processing the application. The rezoning form shall be filed with the community
development director. An additional fee as set by council ordinance may be
required for each meeting in excess of two (2) which is necessary because of
incomplete information or changes in the application. (Amended Ord. 8, 10-21-
1970; amd. 2003 Code)
2. A Public Hearin2 shall be held in accordance with section 12-14-8.
2. Notiee To !.djaeent Property Ovmers:
a. Property ovmers and oeeupaE:ts within three hundred fifty feet (350') of the property in
question shall be notified in vlIiting, although fail1:1fe by any property o',vRer or oee1lflant
to recei'le such notiee shall aot invalidate the proceedings. Notification shall be by mail.
The applieaE:t sha:ll sabmit a list of the property o\vners and oecuparns ',vithin three
hundred fifty feot (350') as part of the applieation.
b. '''hell. rezoning inyolyes changes in district boundaries aff-ccting an area offive (5)
aeres or less, a similar notice shall be mailed at least ten (10) days before the day of the
hearing to eaeh o'.vRer of affeeted property and property situated wholly or partly '.vithin
three hundred fifty feet (350') of the property to which the rezoning relates.
c. For the purposes of giying mailed notice, the person respoasible for mailiRg the notice
may use any appropriate reeords to determiRe the names and addresses of o'Nners. A eopy
of the notiee aRd a list of the 0'.vners and addresses to which the notiee was seE:t shall be
attested to by such person and shall be made a part ofthe record ofilie proeeedings. The
faill:li'e to gi'le mailed notiee to indiyidual property owners, or def-eets in the notice, shall
not invalidate the proeeediags, provided a bona fide attelRfJt to eomply ',vith this seetion
has been made. VilneFl:ded Ord. 8, 10 21 1970)
3. Hearing:
a. !. pablie heariFl:g on the rezoning applieatioR shall be held by the planning and zoning
eommission at its first regular meeting, after the rezoning request has been reeeived.
(i\meFl:ded Ord. 8, 10 21 1970; amd. 2003 Code)
b. !. notiee of the time, place and purpose ofthe heariFl:g shall be published in the offieial
newspaper of the city ten (10) days prior to the day of the hearing.
e. S\:leh hearing may be eoE:tilffied from time to time in the evem the planniFl:g and zORing
eommission needs additional information from the applieant or other SOl:li'ees to make its
2