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HomeMy WebLinkAbout06/28/05C I T Y O F • ND OVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US Andover Planning and Zoning Commission Meeting Agenda June 28, 2005 Andover City Hall Council Chambers 0 7:00 p.m. 1. Call to Order 2. Approval of Minutes — June 14, 2005. 3. WORK SESSION: Zoning Ordinance Update i. City Code 12 -13 1 B Animals ii. City Code 9 -9 -11 Housing Maintenance iii. City Code 9 -4 -4 Swimming Pools, Spas and Hot Tubs iv. City Code 12- 8 -7B.3 Bulk Fuel (continued) V. City Code General Discussion Item — Front Porches vi. City Code General Discussion Item - Dirt Bikes vii. Crematorium Regulations viii. City Code 12 -5 -4 Setbacks Along Thoroughfares 4. Other Business 5. Adjournment E ,9k I T Y O F , NOME 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.AN DOVER. MN. US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Planner SUBJECT: Item 2. Approval of Minutes - June 14, 2005 DATE: June 28, 2005 Request The Planning and Zoning Commission is asked to approve the minutes from the June 14, 2005 meeting. 0 • 0 PLANNING AND ZONING COMMISSIONMEETING —JUNE 14, 2005 0 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Acting Chairperson Kirchoff on June 14, 2005, 7:01 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Commissioners Jonathan Jasper, Tim Kirchoff, Rex Greenwald, Dean Vatne, Michael Casey and Valerie Holthus. Commissioners absent: Chairperson Dean Daninger. Also present: City Planner, Courtney Bednarz Associate Planner, Andy Cross Associate Planner, Chris Vrchota Others APPROVAL OF MINUTES. May 10, 2005 Mr. Bednarz stated he handed out a memo of a portion of the May I minutes for the Silver Meadows project, outlining the changes to the motion and vote as requested by the Commission. He stated in addition to that Mr. Holasek has pointed out two other items for the Sophie South minutes. One of the comments was the timing of submittal of his alternate sketch plan was stated by staff at the meeting that they had not previously seen it when in fact Mr. Holasek had submitted it previously during the sketch plan process. Mr. Holasek separately distributed this plan to the Council and it was not included as an attachment in the preliminary plat report. He believed the Council received their own copy of the letter and the sketch but he did not believe it followed as an attachment to the staff report. He stated the item that was important was staff did receive Mr. Holasek's alternate sketch plan before the meeting. Motion by Greenwald, seconded by Casey, to approve the minutes as amended. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Daninger) vote. • Regular Andover Planning and Zoning Commission Meeting Minutes — June 14, 2005 Page 3 • different places, even on the preliminary plat drawing that a person can look. There is the lot specifically and then there is the detail of a typical lot and also the notes on the preliminary plat page that will show what the setbacks will be in the given circumstance. Commissioner Vatne asked if lots were purchased typically before the final plat is in place or are offers made. Mr. Bednarz stated lots cannot be closed on until the final plat is recorded and the lot is actually created but he was aware that there are certain situations where builders and developers take holds on lot before that time. Commissioner Vatne stated he was trying to determine if hardship exists. There are circumstances to the property that are not created by the landowner is and believed this to be true in his determination. He thought this was a hardship. Motion by Greenwald, seconded by Vatne, to recommend to the City Council to approve the proposed Variance. Motion carried on a 6 -ayes, 0 -nays, 0- absent vote. Mr. Bednarz stated that this item would be before the Council at the June 21, 2005 City Council meeting. PUBLIC HEARING: LOT SPLIT (05 -09) TO CREATE A NEW R URAL RESIDENTL4L PARCEL FROM PROPERTYLOCATED WEST OF 17350 WARD LAKE DRIVE. Mr. Bednarz summarized the staff report. Commissioner Holthus indicated the lot to the right, the land just above will have the same owners as parcel B if the sale goes through. Mr. Bednarz stated his understanding is the properties will be combined for rural development. Commissioner Greenwald stated the staff report indicates it will remain in the green acres program. He wondered what this meant. Mr. Bednarz explained to the Commission what Green Acres meant. Commissioner Vatne stated it sounded like the lot split and the variance needed to be linked together. He stated you cannot split the lot without having the variance because of the front setback. Mr. Bednarz stated this was correct. Commissioner Vatne stated the concern he had was if the lot split goes through and the parcel B is not combined with the surrounding land, it could be developed and that is what he is afraid o£ He did not think there was anything that would stop them. Mr. Bednarz stated that possibility does exist but he thought it was rather unlikely given the value of the land and the potential to achieve more than a single rural lot. 0 0 Regular Andover Planning and Zoning Commission Meeting Minutes — June 14, 2005 Page 5 Motion carried on a 6 -ayes, 0 -nays, 1- absent (Daninger) vote. Mr. Bednarz stated that this item would be before the Council at the June 21, 2005 City Council meeting. PUBLIC HEARING. REZONING (05 -07) TO CHANGE THE ZONING FROM SINGLE FAMILYRURAL RESIDENTIAL (R -I) TO SINGLE FAMILY URBAN RESIDENTIAL (R-4) FOR PROPER TYLOCATED AT II40 CROSSTOWN BOULEVARD NW. Mr. Vrchota explained the Planning Commission is asked to review the proposed rezoning to allow the lot split on this property to move forward. As with all rezoning, the City must meet one of the two following findings that are provided by state statute: 1. The original zoning was in error. 2. The character of the area or times and conditions have changed to such an extent to warrant the Rezoning. • The property is located within the 2020 Metropolitan Urban Service Area (MUSA). The approximately 40 acres directly adjacent to the property has been given preliminary plat approval for an urban development. City sewer and water will be available to the property when the utilities are installed for this development. Times and conditions have changed with the availability of municipal utilities and it is appropriate to rezone the property at this time to allow for urban residential development. Motion by Greenwald, seconded by Casey, to open the public hearing at 7:39 p.m. Motion carved on a 6 -ayes, 0 -nays, 1- absent (Daninger) vote. The applicant indicated he was at the meeting to answer any questions. Motion by Vatne, seconded by Casey, to close the public hearing at 7:40 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Daninger) vote. Commissioner Vatne thought to the extent of the development around the property, times and conditions certainly have changed. Motion by Vatne, seconded by Greenwald, to recommend to the City Council approval of Resolution No. , approving the rezoning request based on the fact that times and conditions have changed. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Daninger) vote. • Mr. Vrchota stated that this item would be before the Council at the June 21, 2005 City Council meeting. Regular Andover Planning and Zoning Commission Meeting Minutes —June 14, 2005 Page 7 • would be fairly easy to fix the house up and make it blend in with everything else. He explained what they would do to improve the home. He indicated they would like to reserve the right to do this for a later date. Mr. Bednarz thought it would be the intent of the developer to try to reorient the front of the house to either the west or south. Mr. Harstad stated that was correct. Commissioner Greenwald asked with the rezoning, were they required to hook up to City water and sewer. Mr. Bednarz stated there is a specific condition that Mr. Vrchota put in the resolution that will require both lots to hook up. Commissioner Greenwald asked when lots are turned over to City water and sewer is there a requirement to remove the holding tanks for the septic system. Mr. Bednarz stated the State has requirements on how those need to be abandoned and those would need to be followed through the building permit process. Commissioner Vatne stated they have talked about situations like this where there was an existing home and that there isn't any teeth in any of their ordinances to require the orientation of the house and he would encourage the developer to try to fit that in and have the orientation of the house be consistent with the surrounding homes. Motion by Greenwald, seconded by Casey, to recommend to the City Council approval • of Resolution No. , approving the lot split subject to the conditions of the attached resolution. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Daninger) vote. Mr. Vrchota stated that this item would be before the Council at the June 21, 2005 City Council meeting. PUBLICHEARING. PRELIMINARYPLATOFASINGLEFAMILYRURAL RESIDENTL9L DEVELOPMENT TO BE AIVOWNAS BROOK CROSSING LOCATED TO THE SOUTHWEST OFHANSONBOULEVARD AND 177TH AVENUE NWW, Mr. Cross summarized the staff report. Commissioner Greenwald stated the Council talked a lot of the transportation plan in regards to connections. In regards to the Transportation Plan, what kind of considerations are being made. Mr. Bednarz stated the plan follows the sketch plan review they had. The transportation plan does currently show what is represented as 157"' Lane on this plat continuing onto the west but there was a decision made through this process that a cul -de -sac would be allowed and the connection to the west on the transportation plan would be changed or removed at the time the plan is updated. Commissioner Vatne wondered if the cul -de -sac on Grouse Street less than 500 feet. Mr. Bednarz indicated it was beyond 500 feet. Regular Andover Planning and Zoning Commission Meeting Minutes —June 14, 2005 Page 9 • Commissioner Casey asked if the property owner where the stub is on Hummingbird expressed anything as far as development on their property. Mr. Bednarz stated the property is in Ag. Preserve until at least 2011. Acting Chairperson Kirchoff stated this was similar to what they were looking at on the sketch plan. Mr. Cross stated there are similarities and the biggest change is there is no accesses onto Hanson Boulevard, so the internal road structure had been added to accommodate the entire internal road structure. Commissioner Vatne indicated he was not comfortable with this plan the way it is with the variances given the length of the cul -de -sacs and then less than two and a half acres on lot one. He did not see any conditions for hardship to allow two variances. He thought this solely economic and was not in favor of the plat. Commissioner Jasper agreed and thought the lot could become conforming either by reconfiguring the street or by eliminating one of the lots and combining them so the only reason to do the variance on the lot is to keep on additional lot. He stated he was also concerned about the way the preliminary plat was presented. There are access problems and the drainfields do not seem to be properly placed. He stated the proposal does not address the tree preservation plan at all. • Acting Chairperson Kirchoff thought the trees would be removed from the building pad areas but not around them. Commissioner Jasper stated a drainfield cannot be put in without taking out trees so they have not given any plans for preserving trees because eighty percent of what they show for tree preservation is actually going to need to be removed. Acting Chairperson Kirchoff concurred that a drainfield could not be put in without removing trees; if this were not allowed it almost stifles the development to the point where the property could not be developed. Commissioner Jasper stated he was not saying they had to preserve the trees where they were placing the drainfields, what he was saying was their ordinance requires indication in the plan where trees will be preserved and this plan does not do that. Commissioner Jasper stated the more serious issues are the variances for the cul-de -sac and a lot that neither of which appears to be necessitated by the topography or requirements to develop the land; it is an economic process of trying to get in another lot. Commissioner Greenwald asked 175"' Lane a cul -de -sac all the way from Hanson or is it just from H Street. Commissioner Jasper stated the 500 foot Grouse cul -de- sac was what concerned him. Commissioner Greenwald asked when the Fire Chief reviews these plats and gives • comments. Mr. Cross stated he did review this already and he did not receive any written comments regarding this project. Regular Andover Planning and Zoning Commission Meeting Minutes —June 14, 2005 Page 11 0 ii. City Code 12 -15 -10 Public Hearing Process Chapter 12 -15 contains the process for a Rezoning, Conditional Use Permit Application, and Variances. Each of these sections contains its own language regarding a public notice and hearing process. This is needless and redundant because the public bearing and Planning Commission/City Council review is the same for each of these actions. The proposed change is Chapter 12 -15 will contain one subsection that will clearly explain the City's public hearing process including Planning Commission review and City Council approval. The language in the Rezoning, CUP, and Variance sections referring to the Public Hearing process will be deleted. References to the new section describing the City's Public Hearing process will be added to each of these sections, as well as the sections of the Code regarding Sketch Plans and Preliminary Plats, which also require public hearings. This new section regarding Public Hearings will be 12 -15 -8. The former sections 8, 9, and 10 will be renumbered to reflect this. Commissioner Greenwald asked where an item borders another City, do they send notices to all property owners or only properly owners within the City. Mr. Bednarz stated they do send within 350 feet regardless of the municipal boundary and also to their City Hall to make them aware. • iii. City Code 12 -13 1 B Animals (Continued) iv. City Code 9 -9 -11 Housing Maintenance V. City Code 9-4-4 S wimmin g Pools, Spas and Hot Tub vi. City Code 12- 8 -7B.3 Bulk Fuel (Continued) The Commission indicated they did not have their information packets so these items were postponed to a future meeting. vii. City Code General Discussion Item — Front Porches Several residents with homes that sit at the front setback line have inquired about adding a front porch to their older homes. Some cities encourage investment in older homes by allowing front porches to encroach into the front yard setback area. Commissioner Vatne asked what are some of the drawbacks they get into if they go down this road. Mr. Bednarz stated one drawback is there will be variable setbacks and some people may want to do these and some may not. Commissioner Greenwald thought he would be in favor of them. Commissioner Vatne stated he would be in favor of a porch concept but not an expansion • of the home. Regular Andover Planning and Zoning Commission Meeting Minutes —June 14, 2005 Page 13 Is to noise nuisance and they do have a decibel measurement tool and a stop watch and they are capable of measuring the volume of potential nuisance noises. Commissioner Jasper stated he would not disagree with putting hour prohibitions on the operations of dirt bikes or ATV's and he wouldn't differentiate between the two in a residential neighborhood just like they do with snowmobiles because that makes sense. He stated the wording suggests doing something to control dust and he did not think that was reasonable or enforceable. There is also a proposal that the property owner is responsible for proving that the noise ordinance is not violated. He stated this is unconstitutional. He also did not think it was reasonable to not allow ramps to be used. Commissioner Greenwald discussed information about ATV's and OHM's with the Commission and staff. Commissioner Greenwald asked if they would be willing to make some changes based on one complaint. Commissioner Holthus thought they needed to make some determination on what is appropriate and not for the dirt bikes. Commissioner Greenwald thought they needed to do something regarding the times but he did not think they could regulate what they can do on their land. Commissioner Casey also thought they needed to include something in the ordinance regarding times to use the bikes. Staff discussed how they test for noise violations with the Commission. Commissioner Consensus was to look at adding a time to the ordinance along with a definition of "dirt bike ". OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. ADJOURNMENT: Motion by Greenwald, seconded by Vatne, to adjourn the meeting at 9:15 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Daninger) vote. n U Revision #52 12 -13 -1 B Animals • Continuing discussion from the April 12, 2005 Planning Commission Meeting 1. The Commission wanted to see changes to the definitions to ensure an animal could not be confused between definitions. Staff proposes changes to the definitions as shown below. Please note a section from Title 5 Police Regulations that provides a list of prohibited animals has been added to this report. 2. The Commission also wanted to discuss the structure for regulating farm animals. There was some concern about farm animals being limited to 5 acre or larger parcels and limited to a maximum of five farm animals without a conditional use permit. Staffs objective is to prevent farm animals from being kept in 2.5 acre neighborhoods. Staff selected five acres as the threshold because the existing code uses five acres as a threshold for rural agricultural uses. Presently up to five farm animals are allowed per acre in the R -1 Zoning District without a permit. If the Commission would like to adjust the number the proposed changes will need to be changed accordingly. New Issue, Raised Through Public Comment Period 3. An Andover resident stopped this past week and educated staff on falconry. The DNR issues permits for falconry (keeping of and hunting with raptors). State Statute permits this activity and provides regulations for permits, sheltering requirements and limits the • number of birds to one. Some of the most relevant information from State Statute is attached. Staff proposes to add an exemption for this activity with references to State Statute and DNR regulations. Background — Other areas of concern 4. Urban agricultural uses are permitted in the urban area. The definition of urban agricultural use includes pleasure /recreation animals. Pleasure /recreation animals are defined as `Animals not normally kept in a residence such as horses, ponies, foals, donkeys, burros, mules or others'. This conflicts with City Code 5 -113 which regulates these animals and requires a 2.5 acre minimum lot size and provides additional standards to ensure proper care of these animals. Suggested approach: Eliminate pleasure /recreation animals from the definition of Urban Agricultural Use. Add this use to the matrix for residential properties with at least 2.5 acres in compliance with Title 5. The Definition of Agricultural Use, Rural includes the raising of non - domestic animals. Non - domestic animals are defined as any animal, reptile or fowl, which is not naturally tame or gentle 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. is Suggested approach: These animals should not be allowed in the City. Eliminate non- domestic animals from this definition. . 12 -13 -1: PERMITTED USES 120 : Within any of the following districts, no structure or land shall be used except for one or more of the uses listed by district: LJ NOTE: P = Permitted Use A = Accessory Use C = Conditional Use X = Prohibited Use B. Residential Districts: 1. R -1 Single - Family Rural District: (The following City Code excerpt is provided to show how non - domestic animals are regulated in another section of the City Code.) 5 -1C -2: POLIC REGULATIONS: ANIMAL CONTROL: PROHIBITED ANIMALS: (as it exists) The following animals are prohibited within the city: A. Any animal or species prohibited by Minnesota or federal law. • B. Any nondomesticated animal or species, including, but not limited to, the following: 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 Keeping of pleasure /recreation animals on properties at least 2.5 acres A_ A A A_ in size in compliance with Title 5 Keeping of up to 5 farm animals on P P P ro erties 5 acres or ggater — — — Keeping of more than 5 farm animals C C C on ro erties 5 acres or gLeater — Keeping of Domestic animals (3-er- less exeept i R4* A_ A A_ A A_ A_ A_ in com liance 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 X permitted use that predates the — — — — — adoption of this ordinance. 3 Regular Andover Planning and Zoning Commission Meeting Minutes —April 12, 2005 Page 8 ii. City Code 12 -13 1B. Animals Several conflicts have been identified in the way that the keeping of animals is regulated in the City Code. Mr. Bednarz summarized the proposed changes. Commissioner Greenwald thought it was getting really popular to have ducks as pets and he would like to add this to the list after chickens. Commissioner Kirchoff asked what types of animals can not be kept. Commissioner Jasper stated some animals fall into all of the above categories so there is a problem with the definitions in the ordinance. They overlap each other. He stated some of the definitions are by example, some are by inclusion and some are by exclusion and they overlap each other. Commissioner Jasper stated they could also have five farm animals on properties that are five acres or greater so if you have four acres, you cannot have any farm animals but if your have five acres, you can have five, if you have a hundred acres, you can have five. He did not think that . was a logical place to draw a line. Mr. Bednarz stated regarding definitions, they would need some examples and he did not think deer was that. A deer was not a domestic animal because it is not commonly kept as a pet. He stated they do want to make some progress and there may be some items with the definitions that they can tune up. Commissioner Jasper respectfully disagreed because he believed deer could be considered a farm animal, they are non - domestic animals and they could be recreational animals. He stated there are other animals that fall into each of the categories such as a pig. He stated this was a concern. Commissioner Jasper stated the ordinance permits different types of animals in different zoning districts and prohibits some in some zoning districts. Commissioner Greenwald asked what the solution would be. Commissioner Jasper stated they needed to rework their definitions to try to determine what they were trying to accomplish. He stated they either need to do the table approach or use the definitions that are either inclusive or exclusive. Chairperson Daninger stated the list would always be changing because there are always different animals that become pets. The consensus of the Commission was to bring this item back with a little more focus on the definitions and farm animals specifically. iii. 12 -14 Performance Standards 5 Minnesota Rule 6238.0200 Page 2 of 2 perches more than 6 -1/2 feet high need not be covered or tIM&cs> A it &Y roofed. The enclosed area must be large enough to ensure the . birds cannot strike the fence when flying from the perch. Protection from excessive sun, wind, and inclement weather must be provided for each bird. Adequate perches must be provided. If tethers are used, they must be at least long enough to allow the birds to reach the ground. Subp. 7. Equipment standards. An applicant must possess the following minimum equipment: A. at least one pair of Alymeri jesses or similar type constructed of pliable, high - quality leather or suitable synthetic material, to be used when any raptor is flown free (traditional one -piece jesses may used on raptors when not being flown); B. at least one flexible, weather - resistant leash and one strong swivel of acceptable falconry design as specified in information provided by the department; C. at least one suitable drinking and bathing container for each raptor, two to six inches deep and of a width and length each greater than the length of the raptor; D. at least one weathering area perch of an acceptable design, as specified in information provided by the department, for each raptor; and • E. a reliable scale or balance suitable for weighing a raptor, graduated to increments of not more than one -half ounce (15 grams). Subp. B. Maintenance. Facilities and equipment must meet the standards provided by this part at all times. STAT AUTH: MS s 97A.401 HIST: 18 SR 83 Current as of.05113197 0 7 http://www.revisor.leg.state.mn.us/arule/6238/0200.html 5/6/2005 Minnesota Rule 623 8.0300 such species in accordance with applicable rules; Page 2 of 2 5r +410. • (4) may not take, transport, or possess any golden eagle for falconry purposes unless authorized in writing in accordance with appropriate federal regulations and approved by the commissioner; and (5) may not take in any 12 -month period, as a part of the three bird limitation, more than one raptor listed as threatened in state or federal regulations, and then only in accordance with applicable rules. STAT AUTH: MS s 97A.401 HIST: 18 SR 83 Current as of 05/13/97 0 0 q http://www.revisor.leg.state.mn.us/arule/6238/0300.html 5/6/2005 Minnesota Rule 623 8.1000 Minnesota Rules Table of Chapters • Table of contents for Chapter 6238 6238.1000 FALCONRY PERMIT DURATION AND RENEWAL. Page 1 of 1 Subpart 1. Duration of permits. Falconry permits may not exceed three years in duration and expire on September 30 of the year of expiration. Permits are not transferable. Subp. 2. Renewal of permits. Falconry permits are renewable. Request for renewal must be made at least 30 days prior to the permit expiration date. STAT AUTH: MS s 97A.401 HIST: 16 SR 83 Current as of 05113197 • • �I http://www.revisor.leg.state.mn.us/arule/6238/1000.html 5/6/2005 . ANDOVER BUILDING CODE: The Minnesota State Building Code, International Building Code (IBC), and International Residential Code (IRC) adopted by the city. 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 building or one or more portions thereof 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. FTC 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. HABITABLE BUILDING: Any building or part thereof that meets minimum standards for use as a home or place of abode by one or more persons. HABITABLE 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. 11 13 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 of a 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 u �6 th ou r t i t degrees bel,, z e- e F,.w, en h e it ( 20'F * _sjjjteight is degrees Fahrenheit (68 ° F) on the design heating day. 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: NUNIMUM 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 runnin 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 (407), 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 flush water closet in compliance with the Minnesota state plumbing code. Such room shall have an entrance door which affords privacy. Said flush water . closet shall be equipped with easily cleanable surfaces, shall be connected to an approved /7 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 epenable 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 of this 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 tee p ent ( eight 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 „ °r-^°^` (5%) four percent 4I° /� 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 I 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 shingles siding or other protective element that has become damaged or deteriorated beyond effectiveness or is missing shall be repaire 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 of loose, 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 supplied by the owner on the premises arA all `. ees er -ee4ed b y eeeupaRt en the premises shall eensist of metal, weed, masem-y er- ether- desay r-esi materials. Fenees shall be makiWned in geed eendifien. xvxicccrn'TZ. , other- than deeay M 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 of this 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 2. Upon at least five (5) business days' notice to the appellant of the time and place for Is 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) 11 a-5 12 -8 -7 Bulk Fuel (continued for the third time) Background Currently, there is no clear concise definition of what constitutes bulk liquid storage as regulated by City Code. The Fire Department currently requires a permit before installation, repair, removal or alteration. It should be defined what is specifically regulated, and that it should be properly permitted by the Fire Department. Our Fire Department needs to have knowledge of special hazards that exist within the community and this Code section will enable that to happen. Once again, in discussing the issue of why the 1000 gallon cut off; they indicated the 1000 gallons is used because most household heating tanks are 1000 gallons or less and there was an older fire code that is no longer in effect that indicated that was a requirement. The current Minnesota State Fire Code Chapter 34 talks about the tanks above and below ground and they use the 1000 gallon as the cut off for exemptions. Proposed Chance A new definition is needed, since one does not currently exist. Under Part A, it is recommended that the threshold for what constitutes a liquid storage tank (that is to be regulated) shall be established. This use will be shown as a Conditional Use where appropriate in the uses table. The districts that this will be listed as a Conditional Use are R -1 (Single Family —Rural Agricultural Uses Only), NB (Neighborhood Business), SC (Shopping Center), GB (General Business), I (Industrial). There should also be a provision added that enables public agencies (school district, city, county, state) regardless of the zoning district they are located in to request a Conditional Use Permit (see attached list of where tanks are currently located). When a use is not specifically permitted, or only appears as an allowed conditional use, it is interpreted to mean it is prohibited in the other zoning districts. In response to a question raised at the last Planning Commission meeting, it is recommended that a provision be added that prohibits liquid storage tanks, excett for existing home heating fuel tanks in all locations except as regulated by these provisions. The Fire Department has reviewed the wording of this section and is acceptable to them. The code should also have a provision that a permit is required from the Fire Department to install, alter, repair or remove a tank covered under this provision of City Code. Lastly, the section that established a sunset date (B.3.) should be removed from the City Code, since that five year grace period has long since expired (in 1975). 124-7: BIB LIQUID STORAGE TANK Add Definition to 12 -2 -2: LIQUID STORAGE SYSTEM, LIQUID STORAGE TANK or TANK. Any one or a combination of containers including 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. 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 M Revision 481 City Code 12 -4 -5 Encroachments City Code 12 -2 -2 Definitions Background At the previous Planning Commission Meeting the group agreed to consider allowing front porches to encroach into the front yard setback area similar to the Woodbury example. On a similar topic, decks are currently required to meet rear yard setback requirements (between 30 and 50 feet depending upon the zoning district). The Building Department has traditionally allowed decks to encroach in the rear yard setback if the deck is constructed as a `free standing accessory structure' (i.e. wholly supported by posts yet attached to the home). Staff would like the Commission to discuss the potential for a provision, also currently used by Woodbury: "Decks are also exempted from the rear yard setback requirements, except that a deck may not be located closer than fifteen (15) feet from the rear property line." Proposed Changes Please note that Revision #81 revisits a section that has already been proposed for amendment (Revisions # 25, 26, 27, 28 and 31). For clarity the previously proposed • changes are still shown with strikeouts and underlines but are not shown in bold. The new Revision #81 is shown with strikeouts and double underlines in bold. 12 -2 -2: Definitions: DECK a horizontal unenclosed platform with or without attached railines seats trellises or other features attached or functionally related to a principal use or site PORCH: a portico veranda or colonnade consisting of a deck, railines and roof supported by columns that may be screened and is located at the entrance or across the front of a residential dwelling unit STOOP: a platform or deck which is the top level of a stairway system that extends from the entrance of a building, 12 -4 -5: PERMITTED ENCROACHMENTS: The following shall not be considered as encroachments on setback and height requirements, subject to other conditions hereinafter provided: . A. In Any Yards: r DE. Ouasi Public Structures: No quasi - public structure shall b _loc ated within the public • right of way except by permit issued by the goveming body. Such structures shall include but not be limited to: utility structures and enclosures tr-ash eepWaeFS, bicycle racks benches planting boxes light standards stairs . l.t wells, leading-weRs- signs and other such structures. (Amended Ord. 8, 10 -21 -1970) ". - SII,.: {AJf . "L VV. ..-A .-.0 thi b 1 .1 t e1, "...v. A-At m ate ria lly .ww w- .- -... /; ,l to ee a s h a ll r a a mann b e t ween h eF t and h f et /7 112') an d ten f e et (1 0 ' ) - above the visien o n e e« «e e t: d f 4d3i,, fifte Feet (15') f the «te ..t:.. een tht str b e b +« + to the ht li nes . Thi t' t hall o o eF., «,. o f also a 6 J . J i el even..« that :.,....ede .idlin planting f f+ee,. r A f et (15') of e„., yaf gra th resu vi s i on t t t t 1+ F li nes. O o 10 21 1970; am a Code) 2003 C way (A mend ed • VJ E. Restrietions On Let Cever-age: in no evepA shall off street par-king e b th f ea t wes f,. .,t /'7-5 tha ehe F the t ype, any eover- mor s e v enty r�046\ lot in less than #A;ef� five (25, landsoaped area in residential area r-esu4ing per-een4 • m r J 31 Minnesota Statutes 2004, 84.795 Minnesota Statutes 2004, Table of Chapters I* Table of contents for Chapter 84 http: / /www.revisor.leg. state .mn.us /data/revisor /statutes /2004/8 84.795 Operation requirements; local regulation. Subdivision 1. operation on public road rights -of -way. (a) A person may not operate an off - highway motorcycle within the right -of -way of a town road or a trunk, county state -aid, or county highway in this state unless the right -of -way encompasses: (1) a trail administered by the commissioner and designated for off - highway motorcycle use or multiple use; or (2) a corridor access trail designated under paragraph (b). (b) A road authority, as defined in section 160.02 subdivision 25, may designate, with the approval of the commissioner, corridor access trails on public road rights -of -way for gaining access to established off - highway motorcycle trails. (c) A person may not operate an off - highway motorcycle upon a trunk, county state -aid, or county highway in this state unless the vehicle is equipped with at least one headlight and one taillight, each of minimum candlepower as prescribed by rule of the commissioner, and with brakes conforming to standards prescribed by rule of the commissioner, all of which are subject to the approval of the commissioner of public safety. (d) A person may not operate an off - highway motorcycle at any time within the right -of -way of an interstate highway or freeway within this state. Subd. 2. Crossing public road right -of -way: (a) A person operating an off - highway motorcycle may make a direct crossing of a public road right -of -way provided: (1) the crossing is made at an angle of approximately 90 degrees to the direction of the road and at a place where no obstruction prevents a quick and safe crossing; (2) the off - highway motorcycle is brought to a complete stop before crossing the shoulder or main traveled way of the road; (3) the driver yields the right -of -way to all oncoming traffic that constitutes an immediate hazard; • (4) in crossing a divided road, the crossing is made only at an intersection of the road with another public road; and 1 of 3 3r 6/15/2005 2:32 PM M Minnesota Statutes 2004, 84.795 http: / /www.revisor.leg.state.mn.us /data/revisor /statutes/200 / within the right -of -way of a state trunk or county state -aid highway or upon public lands or waters under the jurisdiction of the commissioner of natural resources, in an organized contest or event, subject to the consent of the official or board having jurisdiction over the highway or public lands or waters. In permitting the contest or event, the official or board having jurisdiction may prescribe restrictions, conditions, or permit revocation procedures, as the official or board considers advisable. Subd. 8. Regulations by political subdivisions. A county, city, or town, acting through its governing body, may regulate the operation of off - highway motorcycles on public lands, waters, and property under its jurisdiction other than public road rights -of -way within its boundaries, by resolution or ordinance of the governing body and by giving appropriate notice, provided that: (1) the regulations must be consistent with sections 84.787 to 84.796 and rules adopted under section 84.79 (2) an ordinance may not impose a fee for the use of public land or water under the jurisdiction of either the Department of Natural Resources or another agency of the state, or for the use of an access to it owned by the state, a county, or a city; and J (3) an ordinance may not require an off- highway motorcycle operator to possess a motor vehicle driver's license while operating an off - highway motorcycle. HIST: 1993 c 311 art 1 s 9; 2000 c 478 art 2 s 7 Copyright 2004 by the Office of Revisor of Statutes, State of Minnesota. 3 of 3 .3 6/15/2005 2:32 PM Minnesota Statutes 2004, 84.90 Minnesota Statutes 2004, Table of Chapters 10 Table of contents for Chapter 84 http: / /www. revisor. leg. state.mn.us / data / revisor /statutes /200 84.90 Limitations on the operation of recreational motor vehicles. Subdivision 1. Definitions. For the purposes of this section the following terms have the meanings given them: (a) "Recreational motor vehicle" means any self - propelled vehicle and any vehicle propelled or drawn by a self - propelled vehicle used for recreational purposes, including but not limited to snowmobile, trail bike or other all- terrain vehicle, hovercraft, or motor vehicle licensed for highway operation which is being used for off -road recreational purposes. (b) "Snowmobile" has the same meaning given by section 84.81 subdivision 3. Subd. 2. Within metropolitan area. Within the seven county metropolitan area, no person shall enter and operate a recreational motor vehicle on lands not owned by the person, except where otherwise allowed by law, without the written or oral permission of the owner, occupant, or lessee of such lands. Written permission may be given by a posted notice of any kind or description that the owner, occupant, or lessee prefers, so long as it specifies the kind of vehicles allowed, such as by saying "Recreational Vehicles Allowed," "Snowmobiles Allowed," "Trail Bikes Allowed," "All- Terrain Vehicles Allowed," or words substantially similar. Subd. 3. outside metropolitan area. outside the seven county metropolitan area, no person shall enter on any land not owned by the person for the purpose of operating a recreational motor vehicle after being notified, either orally or by written or posted notice, by the owner, occupant, or lessee not to do so. Where posted notice is used, signs shall bear letters not less than two inches high and shall state one of the following: "Recreational Vehicles Prohibited," "Snowmobiles Prohibited," "Trail Bikes Prohibited," "All- Terrain Vehicles Prohibited," or words substantially similar. In lieu of the above notice an owner, occupant or lessee may post any sign prohibiting recreational motor vehicles which has been adopted by rule of the commissioner of natural resources. The notice or sign shall be posted at corners and ordinary ingress and egress to the property and when so posted shall serve so as to raise a conclusive presumption that a person operating a recreational motor vehicle thereon had knowledge of entering upon such posted lands. Failure to post notice as provided in this subdivision shall not deprive a person of the right to bring a civil action for damage to one's person or property as otherwise provided by law. Subd. 4. Posting; trail facilities. It is unlawful for a person to post, mutilate, or remove any notice or sign provided in this section upon any lands or waters over which the • person has no right, title, interest, or license. It is unlawful for a person other than a duly constituted legal authority to so post any public lands, including but not limited to tax - forfeited lands, as above described. It is unlawful for a person to mutilate, destroy, damage, or remove any shelter, lof2f 6/15/2005 2:06 PM Minnesota Statutes 2004, 84.787 Minnesota Statutes 2004, Table of Chapters I* Table of contents for Chapter 84 84.787 Definitions. htt p : / /www.revisor.leg.state.nin.us/ data / revisor /statates/ / Subdivision 1. Scope. The definitions in this section apply to sections 84.787 to 84.796 Subd. 2. Accompanied. "Accompanied" means subject to continuous direction or control. Subd. 3. City. "City" means a statutory or home rule charter city. Subd. 4. Commissioner. "Commissioner" means the commissioner of natural resources. Subd. 5. Dealer. "Dealer" means a person engaged in the business of selling off - highway motorcycles at wholesale or retail. Subd. 6. Manufacturer. "Manufacturer" means a person engaged in the business of manufacturing off - highway motorcycles. Subd. 7. Off- highway motorcycle. "Off- highway motorcycle means a motorized, off - highway vehicle traveling on two wheels and having a seat or saddle designed to be straddled by the operator and handlebars for steering control, including a vehicle that is registered under chapter 168 for highway use if it is also used for off - highway operation on trails or unimproved terrain. Subd. 8. Owner. "Owner" means a person, other than a person with a security interest, that has a property interest in or title to an off - highway motorcycle and is entitled to the use and possession of the motorcycle. Subd. 9. Person. "Person" has the meaning given it in section 336.1- 201 (b)(27). Subd. 10. Public road right -of -way. "Public road right -of -way means the entire right -of -way of a town road or a county, county state -aid, or trunk highway, including the traveled portions, banks, ditches, shoulders, and medians. Subd. 11. Register. "Register" means the act of assigning a registration number to an off - highway motorcycle. • HIST: 1993 c 311 art 1 s 1; 2004 c 162 art 3 s 2 1 of2 6/17/2005 8:29 AM 5 -6 -1 5 -6 -2 specified in the latest standards, S1.4, of the American National Standards Institute and using generally accepted test procedures adopted by the MPCA. PERSON: An individual, firm, partnership, corporation; trustee, association, the state and its agencies and subdivisions, or any body of persons whether incorporated or not. With respect to acts prohibited or required herein, "person" shall include employees and licensees. (Amended Ord. 230, 6 -17 -1997) 5 -6 -2: NOISES PROHIBITED: No person shall make or cause to be made any distinctly and loudly audible noise that unreasonably annoys, disturbs, injures, or endangers the comfort, health, peace, safety, or welfare of any persons or precludes their enjoyment of property or affects their property's value. The general prohibition is not limited by the specific restrictions of the following: A. Motor Vehicles: No person shall operate a motor vehicle in the city in violation of the motor vehicle noise limits of the Minnesota pollution control agency. f B. Horns, Audible Signaling Devices: No person shall sound any signaling device on any vehicle except as a warning of danger, as required by Minnesota statutes section 169.68, as amended. C. Exhaust: No person shall discharge the exhaust, or permit the discharge of the exhaust, of any steam engine, motor boat, motor vehicle, or snowmobile except through a muffler or other device that effectively prevents loud or explosive noises therefrom and complies with all applicable state laws and regulations. D. Defective Vehicles Or Loads: No person shall use any vehicle so out of repair or so loaded as to create loud and unnecessary grating, grinding, rattling, or other noise. E. Loading, Unloading, Unpacking: No person shall create loud and excessive noise in loading, unloading, or unpacking any vehicle'. 1. See subsection 12 -14 -11 A3 of this code for specific hours. 0 City of Andover "7t 5 -6 -3 5 -6 -3 '• 5 -6 -3: HOURLY RESTRICTIONS ON CERTAIN OPERATIONS': A. Construction Activities: No person shall engage in or permit construction activities involving the use of any kind of electric powered, diesel powered or gas powered machine or other equipment which creates noise that is audible at the property line, except between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. ' B. Other Permitted Activities: 1. The following acts or noises are permitted between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. daily: a. Equipment used in connection with special events or activities which are authorized, sponsored, permitted or approved in the city by the city council, so long as the activity is conducted pursuant to the conditions of the license, permit or contract authorizing such activity. b. Church bells, chimes or carillons, school bells, or emergency civil defense warning signals. c. Antitheft devices. d. Machines or devices for the production of sound on or in authorized emergency vehicles. 2. Noise created exclusively in the performance of emergency work to preserve the public health, safety, or welfare, or in the performance of emergency work necessary to restore a public service or eliminate a public hazard shall be exempt from the provisions of this chapter for a period not to exceed twenty four (24) hours after the work is commenced. Persons responsible for such work shall inform the zoning administrator or other city employee of the need to initiate such work or, if the work is commenced during nonbusiness hours of the city, at the beginning of business hours of the first business day thereafter. Any person responsible for such emergency work shall take all reasonable actions to minimize the amount of noise. (Amended Ord. 230, 6 -17 -1997) 1. See also subsection 12- 14 -11A3 of this code, hours restricted for loading and unloading materials near residential districts. City of Andover r 5 -6 -5 5 -6 -6 process, installation, or alteration, or project that may be considered a potential noise source to submit a noise impact statement on a form prescribed by the officer. He or she shall evaluate each such statement and make appropriate recommendations to the council or other agency or officer authorized to take the action or approve the license or permit applied for. (Amended Ord. 230, 6 -17 -1997) 5 -6 -6: ENFORCEMENT; PENALTIES: A. Notice Of Violation: When the city determines that a noise exceeds / the maximum sound level permitted under section 5 -6 -4 of this chapter, written notice of the violation shall be given to the owner or occupant of the premises where the noise originates, and such person shall be ordered to correct or remove each specified violation within such reasonable time as is prescribed in the notice. The failure to remove or correct any such violation within the time so prescribed constitutes a violation of this chapter. B. Civil Remedies: This chapter may be enforced by injunction, action for abatement, or other appropriate civil remedy. C. Criminal Penalties: Any violation of this chapter involving the operation of a motor vehicle is a petty misdemeanor and, upon conviction, the violator shall be punished by a fine not to exceed one hundred dollars ($100.00). Every person who violates any other provision of this chapter is guilty of a misdemeanor and shall, upon conviction, be punishable as provided in section 1 -4 -1 of this code. (Amended Ord. 230, 6 -17 -1997; amd. 2003 Code) E City of Andover 6 -4 -1 6 -4 -2 is OWNER: A person, other than a lienholder, having the property in or title to snowmobiles or all- terrain vehicles, and entitled to the use or possession thereof. PUBLIC LANDS: Public parks, playgrounds, trails, paths, and other public open spaces; scenic and historic sites; schools, and other public buildings and structures. RIGHT OF WAY: The entire strip of land traversed by a highway or street in which the public owns the fee or an l easement for roadway purposes. ROADWAY: That portion of a highway improved, designed, or ordinarily used for vehicular travel, including the shoulder, but not including the boulevard. SAFETY OR A device which, when pressure is removed from DEADMAN THROTTLE: the engine accelerator or throttle, causes the motor to be disengaged from the driving track. SNOWMOBILE: A self - propelled vehicle designed for travel on snow or ice and steered by skis or runners. URBAN DISTRICT: The territory contiguous to and including any street which is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than one hundred feet (100'), for a distance of a quarter mile or more. (Amended Ord. 109, 6 -6 -1995) 6 -4 -2: AGE RESTRICTIONS FOR SNOWMOBILE OPERATION: A. Age Restrictions: No person under fourteen (14) years of age shall operate on streets or highways, or make a direct crossing of a street or highway, as the operator of a snowmobile. A person fourteen (14) years of age or older, but less than eighteen (18) years of age, may operate a snowmobile on streets or highways as permitted under this chapter, and make a direct crossing thereof, only if he/she has in his immediate possession a valid snowmobile safety certificate issued by the commissioner of natural resources, as provided by Minnesota statutes section 84.86, as amended. 0 City of Andover 17 6 -4 -4 6 -4 -4 .. the street traffic on the nearest lane of the roadway adjacent thereto. ' In addition, snowmobiles or all- terrain vehicles shall take the shortest route on any city street to access any county road, county state aid highway, or any designated snowmobile trails. D. On a public sidewalk or walkway provided or used for pedestrian travel. E. At any place while under the influence of an alcoholic beverage or controlled substance. F. At any speed in excess of fifteen (15) miles per hour on any public city street, or elsewhere at a rate of speed greater than reasonable or proper under all the surrounding circumstances. G. At any speed in excess of fifteen (15) miles per hour on any county road or county state aid highway in an urban district. All other county roads and county state , aid highways not in an urban district must comply with Minnesota statutes, or elsewhere at a rate of speed greater than reasonable or proper under all the surrounding circumstances. H. At a speed greater than fifteen (15) miles per hour when within one hundred feet (100) of any riverbank or lakeshore; or within one hundred feet (100) of fishermen, icehouses, or skating rinks; nor shall operation be permitted within one hundred feet (100) of any sliding area; nor where the operation would conflict with the lawful use of property, or would endanger other persons or property. I. At any place in a careless, reckless, or negligent manner, so as to endanger the person or property of another, or to cause injury or damage thereto. J. In a manner so as to create loud, unnecessary, or unusual noise which disturbs, annoys, or interferes with the peace and quiet of another. K. On any days between the hours of eleven o'clock (11:00) P.M. and eight o'clock (8:00) A.M.; except, on Saturday and Sunday, the restriction shall be between one o'clock (1:00) A.M. and eight o'clock (8:00) A.M. L. So as to tow any person or thing on a public street or highway, except through use of a rigid towbar attached to the rear of the snowmobile or all- terrain vehicle. u City of Andover q9 6 -4 -4 6 -4 -5 R. An all- terrain vehicle or snowmobile may be operated upon any public street or highway in any emergency during the period of time when and at locations where the condition of the roadway renders travel by automobile impossible. (Amended Ord. 109, 6 -6 -1995; amd. 2003 Code) 6 -4 -5: EQUIPMENT REQUIREMENTS: It is unlawful for any person . to operate a snowmobile or all- terrain vehicle any place within the corporate limits of Andover unless it is equipped with the equipment set forth as follows: A. Muffler; Cutout, Bypass: Standard mufflers which are properly attached and in constant operation, and which reduce the noise of operation of the motor to the minimum necessary for operation. No person shall use a muffler cutout, bypass, straight pipe or similar device on a snowmobile motor, and the exhaust system shall not emit or produce a sharp popping or crackling noise. B. Brakes: Brakes adequate to control the movement of, and to stop and hold, the snowmobile or all - terrain vehicle under any conditions of operation. C. Safety Throttle: A safety or so- called "deadman" throttle in operating condition so that when pressure is removed from the accelerator or throttle, the motor is disengaged from the driving track. D. Lights: 1. At least one clear lamp attached to the front, with sufficient intensity to reveal persons and vehicles at a distance of at least one hundred feet (100') ahead during the hours of darkness under normal atmospheric conditions. Such headlamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming vehicle operator. 2. It shall be equipped with at least one red tail lamp having a minimum candlepower of sufficient intensity to exhibit a red light plainly visible from a distance of five hundred feet (500') to the rear during the hours of darkness under normal atmospheric conditions. 3. Such equipment shall be in use when the vehicle is operated between the hours of one -half (' / hour after sunset, or one -half (' / hour before sunrise, or at times of reduced visibility. (Amended Ord. 109, 6 -6 -1995) 0 City of Andover 51 Revision #83 Crematorium Regulations Is Background As recently discussed, crematoriums are currently not allowed in Andover due to the fact that they are not defined or listed in the uses section of the City Code. As with other controversial land uses, cities that do not provide a location for them may be compelled to allow them in a location that may be less desirable if challenged. Therefore, it is important that the City designate appropriate zoning district(s) and regulations to provide an enforceable community standard for this land use. Other Cities The attached table illustrates how crematoriums are regulated in cities around Minnesota. Crematoriums located in funeral homes generally require a conditional use permit and are located in commercial districts. Additional Information Funeral homes are a permitted use in all of Andover's commercial zoning districts. A zoning map has been included with the packet to show the location of these districts. Proposed Change Staff suggests that crematoriums be established as a conditional use in the General Business (GB) Zoning District. As this district abuts residential property in different locations around the City, the Planning Commission may want to consider an additional setback between crematoriums and residential districts. 41 12 -2 -2: DEFINITIONS Cemetery: Land used for the burial of human bodies, excluding crematoriums. Crematorium: A place where bodies are consumed by incineration and the ashes of the deceased are collected for permanent burial or storage in urns. Mortuary and Funeral Home: A building used for human funeral services that may 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 by a conditional use permit. A funeral chapel shall be considered an accessory use to a funeral home. CITY CODE 12 -13 PERMITTED, CONDITIONAL, AND PROHIBITED USES ENUMERATED Permitted, Permitted Accessory, Conditional, and Prohibited Uses Zoning Districts R -1 R -2 R -3 R-4 R -5 M- M- GR LB NB I SC GB I 1 2 metery C C C C C C C rematorium C Funeral home P P P P 53 Revision #33 City Code 12 -5 -4 Setbacks Along Thoroughfares Background This section attempts to establish setbacks that account for the ultimate right -of -way needs for thoroughfares to prevent structures from obstructing future expansion. Thoroughfare is an out of date term that has no definition and is not linked to the City's Transportation Plan. This section conflicts with the setback requirements of City Code 12 -3 -4 as shown below. City Code 12 -3 -4 Minimum District Requirements Additionally, a statement is needed to formalize the policy that setbacks are measured from the edge of street easements where no platted right -of -way exists or less than the typical right -of- way for the applicable class of street exists. Proposed Change 12 -5 -4: SETBACKS POINT OF MEASUREMENT ESTABLISHED ALONG THOROUGHFARES R1 R2 R3 R4 R5 M7 M2 GR LB NB SC GB 1 Building ... setbacks Any yard setback 50 50 50 40 50 50 50 50 50 50 50 50 50 from county road Additionally, a statement is needed to formalize the policy that setbacks are measured from the edge of street easements where no platted right -of -way exists or less than the typical right -of- way for the applicable class of street exists. Proposed Change 12 -5 -4: SETBACKS POINT OF MEASUREMENT ESTABLISHED ALONG THOROUGHFARES A . 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. B. Where less than the typical 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. 56 jj7 _ . ...... - --------- I ONA A . 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. B. Where less than the typical 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. 56 _ _ NT1 IN I ONA ... A . 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. B. Where less than the typical 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. 56 • 5. Where less than the typical 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. F.Exemptions From Front Yard Setback Requirements: No detached garages or other accessory buildings shall be located nearer the front lot line than the principal structure except as follows: 1. On residential parcels with a lot area of one acre or more, a detached garage or accessory building may be constructed closer to the front lot line than the principal structure; however, the minimum distance it may be from the front lot line is sixty feet (60') subiect to City Code 12 -6- 5. 57