HomeMy WebLinkAboutOrd. 325A - City Code Update
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
ORDINANCE NO. 325A
AN ORDINANCE MODIFYING AND UPDATING V ARlOUS SECTIONS OF TIIE CITY
CODE AFFECTING RESIDENTIAL, COMMERCIAL AND INDUS1RIAL PROPERTIES IN
TIIE CITY OF ANDOVER
TIIE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS
FOLLOWS:
CITY CODE TITLE 5
CHAPTER 1 ANIMAL CONTROL
ARTICLE C. NON-DOMESTICATED ANIMALS
5-1C-4: EXCEPTIONS:
A. Animals Allowed By Permit:
Conditional Use Permit: Falconrv shall require a conditional use permit and be subiect to State
Statute and the regulations of the Minnesota Department of Natural Resources
CITY CODE TITLE 12: ZONING REGULATIONS
CHAPTER 2: RULES AND DEFINITIONS
12-2-2: DEFINITIONS:
AGRICULTURAL USE, RURAL: An area of five (5) or more contiguous acres which is used
for the production of farm crops such as vegetables, fruit trees, grain and other crops and their
storage on the area, as ""ell as f<Jr the raising tB.ereoB of aomestie affimals, farm ARimAIs
noBclomestic animals and the misiRg and keeping of pleaffi:lre/reereational affimals.
AGRICULTURAL USE, URBAN: An area ofless than five (5) contiguous acres which is used
for the purpose of growing produce including crops, fruit trees, shrubs, plants and flowers,
vegetables, and the like, provided such produce is intended solely for the use of owners on the
property or sale away from the property. It shall inel1:Kle the raising of domestie and
pleaffi:lre/reci'eation animals.
ANIMALS, DOMESTIC: l\ffimal.s eommonly kept for pets, sl:1e.fi as dogs, cats and similar
animals that can be purchased at a retail oet store and maintained indoors.
ANIMALS, FARM: Animals and poultry commonly kept for productive purposes on a farm,
such as cattle, hogs, sheep, goats, e-mekeas, and other similar animals, excluding poultry.
ANIMALS, NONDOMESTIC: AHy Animal~, reptile or fo'Nl T:;hie.fi is not defmed as domestic.
farm or oleasure/recreational animals that are not naturally tame or g0lltle But is of a wild nature
or disposition or which, because of its vicious nature or other characteristics, would constitute a
danger to human life or property including the prohibited animals listed in City Code 5-1C-2.
ANIMALS, PLEASURE/RECREATIONAL: i\nimals not nol':B3:fllly kept in a residooce sl:1ch as
horses, ponies, foals, donkeys, burros, mules, alpacas and llarnas. or others.
DECK: a horizontal. unenclosed platform with or without attached railings. seats. trellises or
other features. attached or functionallv related to a principal use or site.
FEEDLOT. LIVESTOCK: The place of confined feeding oflivestock. poultry. or other animals
for food. fur. pleasure or resale purposes in vards. lots. pens. buildings, or other areas not
normally used for pasture or crops and in which substantial amounts of manure or related other
wastes may originate because of such feeding of animals.
STOOP: a platform or deck which is the top level of a stairwav svstem that extends from the
entrance of a building.
POULTRY: Domestic fowls, such as chickens, turkeys. ducks. or geese. raised for meat or eggs.
CHAPTER 4: GENERAL ZONING PROVISIONS
12-4-3: ENCROACHMENTS:
The following shall not be considered as encroachments on setback and height requirements,
subject to other conditions hereinafter provided:
A. In Any Yard:
3. Yard lights and nameplate signs in residential districts, trees, shrubs, plants, floodlights, or
other source of light illuminating authorized signs, or light standards for illuminating parking
areas, loading areas or yards for safety and security reasons, pmvided the direet soaree of light is
not visible from the public right of way or adjaeoot residootial property.
C. In Rear Yards:
.L. Clotheslines, outdoor eating facilities, picnic tables, and recreational equipment, provided
these are not less than ten feet (10') from any lot line.
2. Decks shall be allowed to encroach into the rear vard setback provided
that no portion of the deck extends more than eight (8) feet into the otherwise required rear yard
setback.
12 4 8: SHOPPING CENTERS
L\ny ne':,' structures iR a showing cooter (SC) or neighborhood business (NB) ffistriet mblst be
sfte'.YR to fit iRto an oT.'erall plan for the sheppiag ee1'l:ter. Bef-ore any ne':,' area is zoned, the
following conditions must be met:
A. The at'ea'l,'ill be located adjaeoot to a thofOl:lghfat'0 or eollector street as shown OR the
comprehensive plan or as ifldieated as a potential showing center site or aeighborhood b\:lsifless
site on seeh plan.
E. 8ubm:issioR of a plot plan sho',ving straetures, parking, drivev,'ilYs, landseaping and sereeHiag.
C. If eonstrl:1etioR has ROt begWl. '.VithiR twooty rom (24) mORilis, or if the project is not fifty
pefeoot (50%) e0mpletea ''vithiB fi','e (5) years, aRY further dc'felopment of any type shall reqtHre
a eonElitional. use permit, and the plam:H:Rg and :i3ORiag comm:iSSioR may move to initiate a
rezoRiag baelc to that in effect prior to neighborhood business (NB) or shoPfliRg center (SC)
zomng.
D. The area zoned shall incl1:1de at least tyro (2) aeres for neighborhood bl:1SIDesS (NB) ana five
(5) aeres f-or shopping center (SC).
E. Any at'0a noted on the zoning map as "SC" '.\'ith no definite boundary shall be administered as
follows:
1. Only OBe earner of any major road interseetion may be zOBed for a shopping eenter (SC) at
anyone time.
2. The lando',VRef shall submit a plan in aeeordanee ",4th the provisions of a planned unit
.J..!,;
develoflHloot -~
3.. The eity cOl:ffieil may grant or deB:Y the request for business zoning baseal:1poR the plans
submitted.
1. }... market fcasibility study shall be saomitted to indicate need, size and future size. (i\mended
Ord. 8, 10 21 1970)
CHAPTER 5: SETBACK REQUIREMENTS
12-5-5: ANIMAL SHELTERS:
A. Animals: Any building in which farm animals... Elf pleasure/recreational animals or poultry
are kept shall be a distance of one hundred feet (100') 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. 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;
amd.Ord 31410-4-2005)
CHAPTER 6: ACCESSORY BUILDINGS AND TEMPORARY STRUCTURES
12-6-5: LOCATION AND SETBACK REQUIREMENTS:
B. In Residential Districts:
1. Accessory buildings and structures located in residentially zoned districts shall be set baek
have a minimum setback of five feet (5') from side and rear lot lines unless an easement exists
that is more restrictive. i\ceessory buildings and struetures loeated on comer lots are req1:1ired to
meet the side yard setback requirements from the street as stated in sectioR 12 3 4 of this title.
2. Accessory buildings and structures located in a vard adiacent to a County road shall have a
minimum setback fifty (50) feet from the property line in all residential zoning districts except
for the R-4 district. where the setback shall be forty (40) feet. residootially zoned districts shall
comply v..ith a1.1 setback re<IHirements as stated in section 12 3 4 of this title.
3. Accessorv buildings and structures located in a vard adiacent to a City street shall have a
minimum setback forty (40) feet from the property line in R-1 and R-2 zoning districts and
thirty-five (35) feet in R-3 and R-4 zoning districts.
4. Accessory structures located in the side or rear yard of comer lots that are adjacent to a lot
that fronts on a cuI-de-sac shall be no closer to the property line than the outside wall of the
house.
~ ~ Where less than 120 feet of right-of-way exists for county roads or arterial streets, setbacks
for all structures shall be measured assuming a sixty-foot right-of-way on each side of the
existing right-of-way centerline. (Amended Ord. 314,10-4-2005)
4. ~ Where less than the minimum roadway right-of-way required by City Code 11-3-3 exists,
setbacks for all structures shall be measured assuming right-of-way required by City Code 11-3-
3. (Amended Ord. 314,10-4-2005)
G: Animals: Any building in which farm animals....ef pleasurelrecreational animals or pouItrv
are kept shall be a distance of one hundred feet (100') 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. 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;
amd.Ord 31410-4-2005)
CHAPTER 12: PERMITTED, CONDITIONAL, AND PROHIBITED USES ENUMERATED
Permitted, Permitted Accessory, and Zoning Districts
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
Keeping of pleasure/recreation
animals on residential properties at A A A A
least 2.5 acres in size in compliance
with Title 5
Keeping of up to 5 farm animals plus
one additional farm animal per acre
above 5 acres on residential properties ~ ~
5 acres or greater UP to a maximum of
20 animals8
Keeping of more farm animals than
allowed as a permitted use on C C C
residential properties 5 acres or greater
in comoliance with Title 5~
Keeping of domestic animals t3-ff
less e-Jreept iR R 1 ). A A A A A A A
in comoliance with Title 5
Keeping of poultrY on residential
properties without municipal sewer .e .e .e
and water in comnliance with Title 5
Feedlots, except Anoka Independent
Grain and Feed Inc. which is a X X X X X X X
X X X X X
permitted use that predates the
adoption of this ordinance.
8Fann operations in existence on April 18. 2006 are exempt from this provision. See also City
Code 12-4-4.
NOTE: P = Permitted Use A = Accessory Use C = Conditional Use X = Prohibited Use
CHAPTER 13 PERFORMANCE STANDARDS
12-13-15: GUESTHOUSES:
A. Guesthouses, for purpose of this title, shall be an accessory building detached from the
principal building where accommodations for sleeping are provided but no kitchen facilities are
provided. The intended use is for persons visiting the occupants of the principal building and
shall not be used as a rental property.
Adopted by the City Council of the City of Andover on this 18th day of April, 2006.
ATTEST:
{!.:k'. __ tJ4
Victoria V olk, City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 325A SUMMARY
AN ORDINANCE MODIFYING AND UPDATING VARIOUS SECTIONS OF THE CITY
CODE AFFECTING RESIDENTIAL, 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 5 and 12 of the City Code.
GENERAL PROVISIONS AND DEFINITIONS
Jnrisdiction
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 18th day of April, 2006.
ATTEST:
a ~~~I tJ~
Victoria V olk, City Clerk