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HomeMy WebLinkAbout08/09/05C I T Y O F ND 0V 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 August 9, 2005 Andover City Hall Council Chambers 7:00 p.m. 1. Call to Order 2. Approval of Minutes — July 26, 2005. 3. PUBLIC HEARING Zoning Ordinance Update amending various sections of the City Code including: A. City Code 12 -13 1 B Animals (continued) B. City Code 9 -9 -11 Housing Maintenance (continued) C. City Code 12- 8 -7B.3 Bulk Fuel (continued) D. City Code 12 -4 -5 Encroachments E. City Code 6 -4 Snowmobiles and All Terrain Vehicles (concerning dirt bikes) F. City Code 12 -13 Permitted, Conditional And Prohibited Uses Enumerated (concerning crematoriums) 4. WORK SESSION: Transitional CommerciaUIndustrial Land Use District Study 5. Other Business 6. Adjournment 9 0 • I T Y O F [DOVE. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Planner SUBJECT: Item 2. Approval of Minutes - July 26, 2005 DATE: August 9, 2005 Request The Planning and Zoning Commission is asked to approve the minutes from the July 26, 2005 meeting. 0 • � D i ��A • PLANNING AND ZONING COMMISSIONMEETING — JULY 26, 2005 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on July 26, 2005, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Rex Greenwald, Dean Vatne, Jonathan Jasper, Michael Casey and Valerie Holthus. Commissioners absent: Commissioner Tim Kirchoff. Also present: City Planner, Courtney Bednarz Associate Planner, Andy Cross Associate Planner, Chris Vrchota • Others APPROVAL OF MINUTES. June 28, 2005 Motion by Vatne, seconded by Casey, to approve the minutes as presented. Motion carried on a 6 -ayes, 0 -nays 1- absent (Kirchoff) vote. PUBLIC HEARING: CONDITIONAL USE PERMIT (05 -08) FOR CO- LOCATION OF CELLULAR ANTENNAE ONPROPERTYLOCATEDAT 3121161 AVENUE NW. Mr. Cross stated the Planning Commission is asked to review the Conditional Use Permit request for the placement of a cellular telephone antenna on the existing tower located at 16191 Round Lake Boulevard. The request also includes the placement of several equipment cabinets on the premises. Mr. Cross discussed the information with the Commission. Commissioner Vatne asked how long the Conditional Use Permit is good for. Mr. Cross stated the CUP has no sunset date unless included in the approval. He stated the CUP is attached to the land. Regular Andover Planning and Zoning Commission Meeting Minutes — July 26, 2005 Page 2 Commissioner Vatne wondered if there were any limitations on tower heights. Mr. Bednarz stated any tower above thirty -five feet in height require a CUP which gives the Planning Commission the ability to review impacts on surrounding properties. Commissioner Vatne stated he was concerned where this area was going in terms of a TIF District in the area and that this area is adjacent to residential properties. Commissioner Jasper asked if the CUP for the tower itself had a sunset clause on it. Mr. Cross stated it did not Any limit that is put on this CUP is only for this antenna- Commissioner Holthus asked if any of the surrounding neighbors were notified of this public hearing and did they hear anything from anyone. Mr. Cross stated all properties within 350 feet of the property were notified. He indicated he heard from two property owners, one from 3121161" Avenue who indicated it was not his property with the tower on it and another who wanted to find out what was going on and that there would not be an additional tower on the site. Motion by Greenwald, seconded by Casey, to open the public hearing at 7:10 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Kirchoff) vote. No one wished to address the Commission. Motion by Greenwald, seconded by Jasper, to close the public hearing at 7:10 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Kirchoff) vote. Commissioner Vatne indicated the drawings reference 161 and Hanson, the road is not Hanson but Round Lake Boulevard. Mr. Dan Lesher, representative of Cingular Wireless, 532 Oakhill Circle, Chaska, stated when Cingular Wireless issues a ring to them, they issue a cross street and it does not mean where the antennae will be placed. Motion by Greenwald, seconded by Casey, to recommend to the City Council approval of the Conditional Use Permit request. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Kirchoff) vote. Mr. Cross stated that this item would be before the Council at the August 16, 2005 City Council meeting. WORK SESSION. ZONING ORDINANCE UPDATE Ms. Sylvia Munson, indicated she lived on Coon Creek. She stated she is having a problem with four wheelers across the creek from her and came to get some information and to see what could be done to help this situation. • 0 0 Regular Andover Planning and Zoning Commission Meeting Minutes —July 26, 2005 Page 3 • Chairperson Daninger explained the process the City goes through when reviewing and changing City Codes. i. City Code 12 -13 1 B Animals (Continued) The latest changes suggested by the Planning Commission have been made and are reflected in the staff report. Mr. Bednarz summarized the staff report. Commissioner Jasper stated they should add a limit of twenty farm animals without needing to get a Conditional Use Permit from the City. Commissioner Greenwald wondered what cost for a Conditional Use Permit is. Mr. Bednarz believed the application fee is $350. Commissioner Greenwald stated he did not remember the logic of a limit of twenty animals. Commissioner Jasper explained this was part of the discussion from the previous meeting. Commissioner Greenwald wondered what the biggest lot size was in Andover. Mr. • Bednarz stated the biggest farm land is the turkey farm but they are exempt from this ordinance. ii. City Code 9 -9 -11 Housing Maintenance (Continued) Mr. Vrchota s ummarize d the staff report. Commissioner Jasper stated on page 11, 9 -9 -3, definitions, it talks about the State Building Code, the International Building Code and the International Residential Code, after that they should add the word "as" so those are changed, they do not necessarily change the City Code. Mr. Vrchota believed that was the intent so that every time those were updated, they did not have to do a Code amendment. Commissioner Jasper stated on page 15, number I, indicated the dwelling has to be heated up to 68 degrees and then page 19 at the top basically has the same requirement. As a matter of clarity and drafting, was this redundant or did it serve a purpose. He thought they both meant the same thing. Mr. Vrchota stated the reason the new language is repeated is because the language that was stricken was also repeated. One section is under responsibilities for owners and occupants in regards to the heating of rental properties. The other is speaking more specifically to heating standards. He stated they could see if one of those could be removed. Commissioner Jasper stated on pages 20, 9 -9 -12, it says that "every dwelling within the City shall conform to these different Codes." His suggestion was to drop the language Regular Andover Planning and Zoning Commission Meeting Minutes — July 26, 2005 Page 4 that was added and say "shall conform to the Andover Building Code" since the Andover • Building Code is defined as those codes otherwise it does not make sense to have the defined term of "The Andover Building Code ". Mr. Vrchota stated he would look through this to see where the Andover Building Code is referenced. Commissioner Vatae wondered if the garbage information was referenced here. Mr. Vrchota stated it was referenced elsewhere in the Code, not here. iii. City Code 12- 8 -7B.3 Bulk Fuel (Continued) Mr. Bednarz summarized the staff report. Commissioner Jasper stated the change says "all liquid storage tanks not permitted by this section" but there is nothing in this section that permits anything. He stated all it did was have different prohibitions so he did not think this clarified. He thought the intention was that they were not prohibiting tanks of less than one thousand gallons. Mr. Bednarz stated this was correct but Part D listed the provisions that this subchapter does not apply to. Commissioner Jasper stated the Conditional Use part and exception part he understood but the permitted part, there is not anything specifically permitting anything. All there is prohibitions. He thought to reach the same conclusion; to get to the same intent, he • thought the added wording would clarify it. On page 1, 12 -8 -7, the definition, the third line is talking about a liquid storage tank "that is used to contain or dispense an accumulation of liquid substances deemed by the City to pose a threat ". He suggested adding "of" after accumulation, the term " One thousand gallons or more of liquid substances ". By doing that, they have now defined the term "liquid storage tanks" as being in excess of one thousand gallons. He stated on page two in the fourth line, it talks about prohibiting things or requiring a Conditional Use Permit. "Any tank having a capacity in excess of one thousand gallons shall be required to obtain a Conditional Use Permit". He thought it made more sense instead o "required to obtain ", it should say " shall be prohibited unless the applicant obtains. If those two changes are made, then under prohibition, because liquid storage tanks is now defined as tanks in excess of one thousand gallons, you could take out the new bold language and say "All liquid storage tanks not listed as a Conditional Use or as an exception is prohibited" because now the term has been defined as those being in excess of one thousand gallons because he did not think there was any permissive language in the Statute, he thought this accomplished exactly what they are trying to accomplish, but in a clearer way. Mr. Bednarz thought this was more appropriate there and does cross reference where the trigger for the Conditional Use Permit is. iv. City Code General Discussion Item — Front Porches (Continued) Mr. Bednarz summarized the staff report. Regular Andover Planning and Zoning Commission Meeting Minutes — July 26, 2005 Page 5 11 Commissioner Jasper stated he had a couple of drafting questions. On page 26, B, talking about the porch or stoop not going more than eight feet in front of the normal front yard setback In the new D2, they talk about the decks not going more than eight feet into the required rear yard setback. He thought for consistency they should both say "the otherwise required front yard or rear yard setback" or they should both say "the normal front yard or rear yard setback". His preference would be the first change he stated. Commissioner Jasper stated in B, 2, says prohibited in the encroachment area. Item 3 says beyond the encroachment limit and item 4 says beyond the encroachment limit. He thought for consistency the word limit should be replaced with the word "area" so in each of those it is encroachment area. He noted in the main part of item B, "Shall be allowed to encroach up to eight feet in front of the normal front yard setback for dwelling unit ", he would change it to read "...in front of the normal front yard setback (encroachment area)..." so that term is defined. W. Bednarz stated under B2, they are proposing not to allow at all windows or full walls in front of the front yard setback line. His concern would be using the word "encroachment area" where they are allowing encroachment and where they are not. Staff discussed the wording for the Code with the Commission. • Mr. Bednarz stated he did not see a problem with changing the wording in item B3 from "encroachment limit" to "encroachment area" and item B4 to the same. The only question he had was with the term "encroachment area" and if it is sufficiently defined under point B. Commissioner Greenwald wondered if they were talking about a screened in porch that has walls and windows with screens in them. Mr. Bednarz stated there would not be any walls or windows. He stated it would be an open air front porch with an eve or roof covering it and a rail but not solid two by four walls or windows but should clearly state they would allow it to be screened. The Commission discussed the definition of "porch" and what they could rename this type of porch so it would not be confusing. V. City Code General Discussion Item — Dirt Bikes (Continued) Mr. Cross s ummarize d the staff report. Chairperson Daninger indicated there was concurrence on the time. Mr. Cross stated it was. Commissioner Greenwald indicated they needed to retitle the section in the Code to read • "Snowmobiles, All- Terrain Vehicles and Off -Hi hwayMotorcycles. Regular Andover Planning and Zoning Commission Meeting Minutes — July 26, 2005 Page 6 Commissioner Jasper stated it was his understanding to limit both OHM and ATV's to a time of 8:00 am. to 8:00 p.m. for operation. He stated that was the concern and request of the resident that was at the meeting tonight. Commissioner Greenwald stated in section 64-10, they need to reference both OHM and ATV Hours of operation and leave the snowmobiles as is. Commissioner Jasper agreed. Commissioner Greenwald thought they needed to list the specific definitions for ATV, snowmobiles and OHM'S. Mr. Cross stated there is a specific definition for ATV's and thought they had one for snowmobiles. vi. Crematorium Regulations (Continued) Mr. Bednarz summarized the staff report. Mr. Bednarz stated they found it difficult to put a static number on an operation or site that they do not know. Chairperson Daninger wondered how the Commission felt about the definition. The Commission felt comfortable with it. • The Commission discussed the setbacks and where crematoriums should be allowed in • the City with staff. Consensus of the Commission was to have a 300 foot setback from residential for the crematorium and only allowed in general business along with industrial zones. Funeral homes would be permitted in all of the zones discussed. OTHER BUSINESS Mr. Bednarz updated the Planning Commission on related items. Mr. Bednarz mentioned that there will be a public hearing for all of these items at the August 9 meeting. ADJOURNMENT: Motion by Greenwald, seconded by Casey, to adjourn the meeting at 9:05 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Kirchoff) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary Timesaver Off Site Secretarial, Inc. • WIL DOVE s • 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissi ners FROM: Courtney Bednarz, City Plann SUBJECT: PUBLIC HEARING: Zoning Ordinance Update amending various sections of the City Code. DATE: August 9, 2005 INTRODUCTION The purpose of this item is to hold a public hearing and take input on the remaining items that have been discussed through the Zoning Ordinance Update. Attached is a table of all the proposed changes, text changes and backup material for each item. DISCUSSION It is suggested that the Commission open the public hearing and take input on the items sequentially. ACTION REQUESTED Please conduct a public hearing for the proposed Zoning Ordinance Update and make a recommendation to the City Council on each item. 1 0 Attachments A. City Code 12 -13 1 B Animals (continued) B. City Code 9 -9 -11 Housing Maintenance (continued) C. City Code 12- 8 -7B.3 Bulk Fuel (continued) D. City Code 12 -4 -5 Encroachments E. City Code 6 -4 Snowmobiles and All Terrain Vehicles (concerning dirt bikes) F. City Code 12 -13 Permitted, Conditional And Prohibited Uses Enumerated (concerning crematoriums) submitted, • Revision #52 12 -13 -1 B Animals Background • The latest change suggested by Planning Commission concerning the maximum number of farm animals allowed as a permitted use has been made and is reflected in the table below. Please refer to the draft minutes from last meeting included in the packet. Proposed Changes 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, f Obs raising ` AGRICULTURAL USE, URBAN: An area of less 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. r. ' - °" =- "'" `'-- - - -'.° OE Fk' Qi;0 - ANIMALS, DOMESTIC: dogs, cats and similar animals that can be purchased at a retail net store and maintained indoors ANIMALS, FARM: Animals ea4feulkEy=commonly kept for productive purposes on a farm, such as cattle, hogs, sheep, goats, chickens, and other similar animals. ANIMALS, NONDOMESTIC: Animals m not defined as domestic farm or pleasure /recreational animals that are 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-IC-2. ANIMALS, PLEASURE/RECREATIONAL: Animal net nennally kept in a -residenee sue =" horses, ponies, foals, donkeys, burros, mules of ethers. FEEDLOT LIVESTOCK - The place of confined feeding of livestock, poultry, or other animals for food fur pleasure or resale purposes in yards lots pens buildings or other areas n ot normally used for pasture or crops and in which substantial amounts of manure or related other wastes may ori¢inate because of such feeding of animals. L� -2 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: 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 nlus P P P one additional farm animal per acre above 5 acres on properties 5 acres or greater up to a maximum of 20 animals Keeping of more than -5 farm animals C C C than allowed as a permitted use on p roperties 5 acres or eater Keeping of Domestic animals (3-ef less exe ept in n, 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. 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: POLIO 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: • 1. All skunks, whether captured in the wild, domestically raised, de- scented or not de- scented, vaccinated against rabies or not vaccinated against rabies. 2. All large cats of the family Felidae, such as lions, tigers, jaguars, leopards, cougars and ocelots, except commonly accepted domesticated house cats. 3. All members of the family Canidae, such as wolves, foxes, coyotes, dingoes and jackals, except domesticated dogs. 4. All crossbreeds, such as crossbreeds between dogs and coyotes or dogs and wolves, but does not include crossbreeds between domesticated animals. 5. All poisonous snakes, such as rattlesnakes, coral snakes, water moccasins, cobras or copperheads. 6. All raccoons. 7. All apes and monkeys. Other animals which are not listed explicitly above, but which can be easily defined in this article as a nondomesticated animal including bears, wolverines and badgers. (Ord. • 253, 3 -2 -1999) 5 -1C -3: SALES PROHIBITED: No person shall offer for sale, within the city limits, any animal prohibited in sections and 5 -1C -2 of this article. (Ord. 253, 3 -2 -1999) 5 -1C4: EXCEPTIONS: A. Animals Allowed By Permit: 1. Temporary Permit: Any person desiring to keep animals prohibited as described in this article shall obtain a temporary permit from the city council. Such a permit shall be issued for a period not to exceed thirty (30) days and shall specify further conditions under which such animal shall be kept; provided, however, that no such permit shall be required for such prohibited animal brought into the city for entertainment, show or promotional purposes only. (Ord. 253, 3 -2 -1999; amd. 2003 Code) 2. Permanent Permit: A public zoo or other institution engaged in a permanent display of animals may be issued a permanent permit, provided applicable zoning requirements are met. 3. Slat?cCon U se Perm _ 1 n r shall require 7 conditional use permi and 1 D g - ,1 2a=ent o N atural Reso urces. Z/— • Revision # 61 9 -9 -1 HOUSING MAINTENANCE CODE Background: Revision 961 dealt with section 12 -14 -7: Maintenance in All Districts. It was decided that instead of providing maintenance standards for fences, structures, and landscaping in a stand -alone section, they would be included in the code sections dealing with each of those topics. Section 12 -14 -7 was stricken. The revised section 12 -7 addressed fence maintenance, and landscaping standards were included in 12 -14 -6. It was determined that section 9 -9- the Housing Maintenance code is enforceable on all residential structures, both rental and owner occupied, as it is written. This represents a change in the way the code will be interpreted and enforced, not in the actual language of the code. The actual changes being proposed are intended to update the code to ensure that it is in agreement with the International Building Code and Minnesota Building Code, which are used by the City. Note: At the 6/28/05 meeting, the Planning Commission expressed interest in inserting language into this section requiring that refuse be collected on a weekly basis. This requirement already exists in section 4 -2 -3 of the City Code. At the 7/26/05 meeting, an inquiry was made as to whether repetitive references to heating requirements should be eliminated. Staff felt that it was not necessary to eliminate one of the references, though the Planning Commission can recommend such a change to the City Council. A section that referenced the numerous building codes in effect in the City was changed to refer to • the "Andover Building Code." 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 or 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 of land 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 —67— 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, is 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 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 . -G- • 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. FLUS 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. HEATED WATER: Water heated to a temperature of not less than one hundred ten degrees Fahrenheit (I 107), 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. MULTIPLE- FAMILY 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. 0 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. i -9- • 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 • 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 WM 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. I. 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 eve: ;, aegfees; nehYe„heit ('n_-°F_) _ sueh lesser + r a t, e.l b g^ ,t . utheFit. ..1..,7 .1 be m et fie le whe th e et t e mper at ure +. t. a b F h- a e:t ( 2Q2F\ sixty-eisht - - -- -- - - - -- - -- - - - . - - , degrees Fahrenheit (68 ° F) at a point three feet (3 above the floor when the outside is is —16 degrees 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: • /0_ 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 (40 °F), 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 #fit water closet in compliance with the Minnesota state plumbing code. Such room shall have an entrance door which affords privacy. Said Bush 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 runnin water under pressure to cause the heater 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 #ask 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 flesh 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 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 • -12- • minimum total of window area that can be opened in every habitable room shall be a minimum of ten p ent ( 10 , 0/ 0 ) 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 pereent 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) /3 -- 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 seven4y degrees FahfeFA+ei' "" o r- sueh lesser tempemtwe temper-atufe is twenty degrees below zeFo Fahmaheit ( 202F) sixty -eight degrees Fahrenheit (68 at a point three feet (Y) above the floor when the outside temperature is —16 degrees 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 shingles siding or other protective element that has become damaeed or deteriorate beyond effectiveness or is missing 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 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 sup plied by the %er on the premises an al l f enees erzee by " ooeupant on the pr-efnises shall eensist of • , materials. Fenees shall be maintained in good eendit—w"_ Mater-ials, other- than deca) resistant -,xafiefies, sW! be pr-eteeted against deeay by use of paint or- other- pr-esen shall conform to chanter 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 chanter 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. I. 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) /S__ 9 -9 -12: CONSTRUCTION REQUIREMENTS: Every dwelling within the city shall conform to the Andover Building 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 . -l6- -- 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 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 of this 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 of the 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; —/7 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 /,r_ • 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) 40 —/17— Revision #41 & #42 12 -8 -7 Bulk Fuel • Backeround The latest revision suggested by the Planning Commission (concerning the prohibitions section) has been made and is reflected in bold font below. An excerpt from the uses table (City Code 12 -13) is also included to show how this use will be reflected in that section. Please refer to the draft minutes from last meting included in the packet. 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 Change 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 except 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). 12 -8 -7: BUL 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 one thousand gallons or more 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 _Zd' 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 eau led t - ehtain prohibited unless the applicant obtains 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 apply for a Conditional Use Permit for a tank regardless of the zoning district that they are located in. �.� B. -2-. 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. safial shall diseentifime eper-sitiefis within five (5) years following eitalatmeot ef this title. (Amended 1n�0) 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. 0 (Excerpt from City Code 12 - 13 uses table) Use Zoning Districts R -1 R -2 R -3 R -4 R -5 M -1 M -2 GR LB NB SC GB I Bulk Fuel Storage C C C C C 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 -301b) propane tanks used on barbecue grills. (added by City Council) E. Installation, Alteration, Repair or Removal Permits. 1. The installation alteration repair or removal of an liguid storage system governed by this subchapter requires permits issued by 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 of fees shall be in accordance with the fee schedule adopted by the City Council in the amount provided by 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. —fir Regular Andover Planning and Zoning Commission Meeting Minutes — June 28, 2005 • Page 3 (excerpt) City Code 12- 8 -7B.3 Bulk Fuel (Continued) Mr. Bednarz summarized the staff report. Commissioner Jasper stated this prohibition in the uses table refer to section 12 -13. He wondered if they have that in the materials. Mr. Bednarz did not think they did. Commissioner Jasper thought if it was not listed in the table, it is not allowed. Up in Subsection A, it says "anything in excess of one thousand gallons requires a Conditional Use Permit" but he was not sure if something less than one thousand gallons was prohibited by C or allowed by the table. Mr. Bednarz thought the wording could be refined to say "All liquid storage tanks not permitted by this section or listed..." Commissioner Jasper thought it may be necessary to see the uses table to properly discuss this item. Mr. Bednarz stated they could bring this back with the changes suggested. Commissioner Vatne asked on page 27, the underlined paragraph, he wondered what appurtenances meant. Mr. Bednarz stated appurtenances are anything that is attached. 0 • 22 — Revision #81 • City Code 12 -4 -5 Encroachments City Code 12 -2 -2 Definitions Background The latest suggested changes are reflected below in bold. The changes include a change in the definition to front yard porch, further language to identify and consistently use the term encroachment area, clearly identifying screens as permitted in the encroachment area and the addition of the words otherwise required as suggested by the Planning Commission. Please refer to the draft minutes from last meeting included in the packet. 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 railings, seats. trellises or other features, attached or functionally related to a principal use or site. FRONT YARD PORCH: a portico, veranda or colonnade consisting of a deck, railings 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: PCB ENCROACHMENTS: The following shall not be considered as encroachments on setback and height requirements, subject to other conditions hereinafter provided: A. In Any Yards: 1. Posts, flues, belt course, leaders, sills, pilasters, lintels, cornices, eaves, gutters, awnings, op es , open canopies, steps, flagpoles, chimneys, ornamental features, open fire escapes, sidewalks and window wells. 2. Terraces, steps, exposed ramps (wheelchair), stoops, or similar features, .•:a °a they do These features shall not extend -above exceed the height of the ground floor level of the principal structure, of nor shall they extend to a distance less than three feet (3') from any lot line nof or less than one foot (F) from any • existing or proposed access drive. —Z,3 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, provided the direct source of light is not visible from the public right of way or adjacent residential property. 4. All projections encroachments shall not exceed thirty-six inches (36 ") as measured at ground level. $. A Dorch or stooD for a dwelliniz not cov in subsec A., sh all be allowed to encroach uD to eight feet (encroachment areal in front of the ROFMal otherwise required front yard setback for a dwelling unit provided that: 1. In no case shall a porch be closer than twenty (20) feet from the front yard properly line. 2. The front yard 12orch maygontain a screen, but windows and full walls shall be prohibited in the encroachment area. 3. Roof eaves shall not be allowed beyond the encroachment limit area for front aPA side vards but and shall be comparable to the existing house. 4. A residential stoop shall only extend four (4) feet from the front porch, &-A-shall only be used as the top level of a stairway system and shall not be allowed beyond the encroachment HaR area for front vards. -B_C. In Side and Rear Yards (Not Along Street): Detached outdoor picnic shelters or . lMfigFeems or patio decks may extend to within ten feet (10') of a side or- rear lot line_ exeept, No such structures shall exceed five hundred (500) square feet. ED. In Rear Yards: 1. LaundFy drying equipm , Clotheslines, outdoor eating facilities, picnic tables, and recreational equipment, provided these are not less than ten feet (10') from any lot line. (Amended Ord. 8, 10 -21 -1970) 2. Decks shall be allowed to encroach into the rear yard setback Provided that no portion of the deck extends more than eight (8) feet into the otherwise required rear yard setback. RE. Quasi Public Structures: No quasi- public structure shall be located within the public right of way except by Kermit issued by the governing body. Such structures shall include, but not be limited to: utility structures and enclosures, triers, bicycle —Z�— racks, benches, planting boxes, , light standards, staff.. sto =,' �'6± • wells, ',.adi m,- , signs, and other such structures. (Amended Ord. 8, 10 -21 -1970) .. Regular Andover Planning and Zoning Commission Meeting Minutes — June 28, 2005 Page 3 (excerpt) i. City Code General Discussion Item — Front Porches At the previous 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 ". Staff would like the Commission to discuss the potential for a provision, also currently used by Woodbury: "Decks are also exempt from the rear yard setback requirements, except that a deck may not be located closer than fifteen (15) feet from the rear property line." Commissioner Jasper stated on the porches, based on previous discussions, he would like to make sure nothing extends beyond eight feet. In the changes it says eight feet plus eves, which are really undefined and could be another three or four feet. Commissioner Vatne indicated likewise the stoop up to four feet. 0 —45-- Own ft . .. Regular Andover Planning and Zoning Commission Meeting Minutes — June 28, 2005 Page 3 (excerpt) i. City Code General Discussion Item — Front Porches At the previous 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 ". Staff would like the Commission to discuss the potential for a provision, also currently used by Woodbury: "Decks are also exempt from the rear yard setback requirements, except that a deck may not be located closer than fifteen (15) feet from the rear property line." Commissioner Jasper stated on the porches, based on previous discussions, he would like to make sure nothing extends beyond eight feet. In the changes it says eight feet plus eves, which are really undefined and could be another three or four feet. Commissioner Vatne indicated likewise the stoop up to four feet. 0 —45-- ft z - �..... . _ .. . . _ Regular Andover Planning and Zoning Commission Meeting Minutes — June 28, 2005 Page 3 (excerpt) i. City Code General Discussion Item — Front Porches At the previous 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 ". Staff would like the Commission to discuss the potential for a provision, also currently used by Woodbury: "Decks are also exempt from the rear yard setback requirements, except that a deck may not be located closer than fifteen (15) feet from the rear property line." Commissioner Jasper stated on the porches, based on previous discussions, he would like to make sure nothing extends beyond eight feet. In the changes it says eight feet plus eves, which are really undefined and could be another three or four feet. Commissioner Vatne indicated likewise the stoop up to four feet. 0 —45-- Mr. Bednarz wondered if it also included stairs. He noted on page 30, part 2, they have some exemptions there already in the existing code and although it isn't right now, the • way it would be interpreted or linked together would be eight feet plus up to three feet of those items so then they would be up to eleven feet and what the Commission is saying is eight feet total including other items. The Commission agreed that eight feet should encompass all parts of the front porch with nothing, except stairs, encroaching further. Chairperson Daninger stated in the back, the change would allow up to fifteen feet for a deck. Commissioner Vatne thought it was reasonable. Commissioner Jasper stated he would not allow it. There is a reason for backyard setbacks and he did not think there was any reason to make a blanket exception for a deck. If they are going to do that, they might as well allow any structure or addition back there and he did not see a rationale reason to reduce a setback for this type of structure. Chairperson Daninger asked what the reason was for the change. Mr. Bednarz stated they see a lot of these requests in a summer on urban lots. Commissioner Jasper suggested the deck be the same as the porch. If the porch encroached by eight feet then the deck could encroach by eight feet to keep it consistent. Mr. Bednarz indicated he liked that suggestion and thought it made a lot of sense. Commissioner Jasper asked on page 30, the new C. It talks about rear yard picnic shelters, the extension, the size within ten feet of the lot line and not more than five hundred square feet for picnic shelters, living rooms or patio decks. It seems to make an exception for a living room to go within ten feet of the rear lot line which did not make any sense to him. He understood the picnic shelter or patio deck but he thought the words living room should be stricken because it could be construed as an extension of the house. Commissioner Holthus thought it should be replaced with Gazebo. Commissioner Jasper stated he did not have a problem with changing it to Gazebo. • _Z6�,_ Revision # 82 • 6 -4 SNOWMOBILES, ALL - TERRAIN VEHICLES, AND OFF - HIGHWAY MOTORCYCLES Background A resident has come forward and requested that changes be made to the City Code regarding the use of dirt bikes. The resident presented a series of additions she felt could be added to the City Code to limit the nuisance created by the use of motorbikes on residential property. As a discussion item at their June 14 2005 meeting, the Planning Commission debated the resident's ideas and recommended two changes to Title 6, Chapter 4 of the City Code, "Snowmobiles and ATV's." Proposed Changes A definition of "Off- Highway Motorcycles" will be added to Title 6, Chapter 4. Language will also be added that will limit the use of Off - Highway Motorcycles to the hours between 8:00 AM and 8:00 PM. To help illustrate what our State Statutes have in regard to ATV's and motorcycles, please find the applicable statutes attached to this report, as well as Title 5, Chapter 6, "Noise Control" and Title 6, Chapter 4, "Snowmobiles and All- Terrain Vehicles" as they currently appear in the Code. At their July 26 t ', 2005 meeting, the Planning Commission recommended the following changes: • "Off- Highway Motorcycles" be added to the title of Chapter 6 -4 • "(OHM)" be added to the title of the definition for off - highway motorcycles • "AND ATV'S" be added to the title and body of Chapter 6 -4 -10 See draft minutes. DEFINITIONS: OFF - HIGHWAY MOTORCYCLE (OHM): A moto rized, off - highway vehicle tmvelin 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 when it is used for off - highway oper on trails or unimproved terrain. (M.S. 84.787 subd. 6 -4 -8: EXEMPTIONS FROM PROVISIONS: The city's enforcement agency or the county sheriffs department, in order to provide enforcement, shall be exempt from the requirements of this chapter. (Amended Ord. 109, 6 -6 -1995) 0 —Z.7— 6 -4 -9: VIOLATION; PENALTY: Any person violating any provision of this chapter shall be guilty of a misdemeanor and, • upon conviction thereof, shall be punished as provided in section 1 -4 -1 of this code. (Amended Ord. 109, 6 -6 -1995; amd. 2003 Code) 6 -4-10: OFF - HIGHWAY MOTORCYCLES AND ATV'S; HOURS OF OPERATION Off-highway motorcycles and ATV's shall not be operated between the hours of 8:00 PM and 8:00 AM within the City. 0 C� -2?- Revision 483 Crematorium Regulations Background At the last meeting the Commission was generally in favor of allowing crematoriums as a conditional use in the General Business and Industrial Zoning Districts and including funeral homes as a permitted use in the Industrial Zoning District. The Commission also was interested in applying a 300 foot setback between crematoriums and residential properties. These changes are reflected below in bold. Please refer to the draft minutes from the last meeting included in the packet. Limitation on Operations Staff suggests the definition of crematorium clarify its role as part of a funeral service conducted on site and the scope of any other operations would be specifically defined through the conditional use permit process subject to limitations based on the location, size of the site, surrounding land uses and any other health or safety concerns raised by the Council. Proposed Change 12 -2 -2: DEFINITIONS Cemetery: Land used for the burial of human bodies, excluding crematoriums. Crematorium: A Dlace within a funeral home where bodies are consumed by 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 subject to the setback requirements of City Code 12 -5 . Any other cremations shall be subject to limitations by the City Council through the conditional use permit process based on the location size of the site surrounding land uses and any other health or safety concerns. 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- 1 M- 2 GR LB NB SC GB I Cemetery C C C C C C C Crematorium C C neral home P P P P P CITY CODE 12 -5 -3 SETBACKS ADJACENT TO RESIDENTIAL AREAS: zv_ 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 containins 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 -34. Regular Andover Planning and Zoning Commission Meeting Minutes —June 28, 2005 Page 2 (excerpt) vi. Crematorium Regulations 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. Crematoriums located in funeral homes generally require a conditional use permit and are located in commercial districts. Funeral homes are a permitted use in all of Andover's commercial zoning districts. 0 Staff suggests that crematoriums be established as a conditional use in 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. Commissioner Greenwald asked if someone came in for a Conditional Use Permit, would it require a public hearing. Mr. Bednarz stated it would. Commissioner Greenwald wondered if they wanted to allow crematoriums in Andover at all. The majority of the Commission thought they should. Chairperson Daninger stated he liked staff suggestion to allow it in General Business and he was in favor of a Conditional Use Permit. He thought this would give a buffer like a liquor license and they have to respect the perception of residents and by putting a certain distance, they would need to be careful not to make the distance so great that the setbacks would overlap. Commissioner Greenwald wondered on the CUP what would be the reason to deny it. Would it be specifically that it would not meet some setbacks or because they do not want it. Chairperson Daninger thought it was like the drive through. They need a CUP to make sure it follows regulations and so it can go to a public hearing and attach reasonable conditions. The majority of the Commission thought crematoriums should be a conditional use in General Business Districts but that more information was needed to determine an appropriate setback from residential. The Commissioners discussed how far the buffer should be from residential homes in the City. Mr. Bednarz indicated staff would bring back more information to help the Commission make is decision. Commissioner Jasper asked if they should limit the crematorium use to only those funerals at the site or allow off site funeral homes to use the crematorium. He stated he was not comfortable with bringing in large quantities of bodies from other funeral homes. Chairperson Daninger stated they could control this through the CUP. Commissioner Jasper stated he would rather include it in the original regulations. Chairperson Daninger did not know if that would be too restrictive. Commissioner Greenwald noted the machines are pretty expensive too. Commissioner Casey stated the investment in the equipment would cause business owners to want to retain flexibility on when it could be used. Chairperson Daninger thought they should look at the recommended distance from schools and residents and what appropriate limitations on the intensity of the operation should be. Commissioner Holthus indicated the chart does not indicate a crematorium in Minneapolis. Mr. Bednarz stated the chart is incorrect because Minneapolis has at least two of them. Commissioner Vatne thought these should be set up like a liquor store and he thought it would be wise to put some type of limitations in, such as twenty miles for cremation services and limit the I s hours. Mr. Bednarz indicated staff would bring back more information and include the suggested changes. • —3l— ` ANLb O F Y A � 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissi ners FROM: Courtney Bednarz, City PlanneC SUBJECT: Work Session: Transitional Commercial/Industrial Land Use District Study DATE: August 9, 2005 INTRODUCTION The Council has asked the Planning Commission to conduct a study of this land use district to determine whether changes to the Land Use Map are warranted. One of the concerns expressed by the Council is the broad definition of this district and the potential for incompatible land uses. The purpose of this staff report is to determine if this land use district needs to be revised or removed from the Comprehensive Plan. Information is also included on each of the four sites that carry this designation. Transitional Commercial/Light Industrial (TC) Areas designated as TC, Transitional Commercial/Light Industrial are currently designated as residential in the Zoning Ordinance, but may potentially become commercial because of their proximity to existing commercial development or location along a major thoroughfare. Property designated as TC may develop as either residential or commercial under the rules of the Zoning Ordinance and Land Use Guide Plan. (Definition from Comprehensive Plan) DISCUSSION The location criteria from the definition above could be applied to a vast number of properties and a Comprehensive Plan Amendment to change an existing designation to TC could be applied for accordingly. Once designated, there are no limitations to rezoning requests that may follow. As a result, virtually any commercial or industrial use could seek approvals from the City. While there is merit to preserving appropriate locations for future commercial sites, any such provision must be limited to prevent their premature development and the adverse effects on surrounding properties and other developing commercial areas in the City. At a minimum, staff recommends that any reference to industrial be removed from the definition. Another option would be to replace the current definition with the one that resembles what is shown below. A third option would be to remove this land use designation from the Comprehensive Plan altogether and re- designate the affected sites. Transitional Residential/Commercial (TRC): This district is located only within the municipal urban service area (MUSA) and shall only be applied to sites adjacent to one or more arterial roadways that are adjacent to an existing commercial site or are a minimum of one mile distant from existing commercial sites. Rezoning to non residential land uses shall be limited to the Limited Business (LB) or Neighborhood Business (NB) Zoning Districts and shall also comply with the following: 1. The proposed commercial development has specified land uses and is not speculative strip development. 2. The applicant can demonstrate that there is sufficient market demand for the proposed land use(s). 3. An overall plan for the proposed commercial development demonstrates that the site can be adequately buffered from surrounding land uses. 4. The proposed commercial development can meet all applicable sections of the City Code. 5. The Council finds that the proposed increase of commercially zoned land will not adversely affect existing commercial development in the City. S Site Analysis There are presently four locations in the City guided for Transitional Commercial/Light Industrial Land Use. Analysis of each location and options for each are provided in this report. Also attached is a portion of the Land Use Chapter of the Comprehensive Plan containing the goals and policies that are intended to guide land use decisions. It is also important for the Planning Commission to consider the existing development pattern within Andover as illustrated on the attached Land Use Map. AREA 1: Southeast Corner Crosstown Boulevard & Constance Boulevard AREA 1: SOUTHEAST CORNER OF CONSTANCE BOULEVARD AND CROSSTOWN BOULEVARD 0 • N E �% f 2020 MUBA Boundary LJ nATA Southeast Corner Crosstown Blvd & Constance Blvd Properties 2 Size 9.25 acres Width 630 feet Depth 640 feet oning R -1 djacent Development North Rural Residential (outside MUSA), Church East Transitional Residential (inside MUSA) South Urban Residential West lUrban Residential, Church ANALYSIS The site lies within the MUSA Boundary although municipal sewer and water service will not be available until Miller's Woods is completed. The latest sewer study forecasts that capacity will be limited to 2.45 units per acre (or 23 units for the 9.25 acres). This will limit the potential for some types of commercial development. The surrounding neighborhood will continue to develop although land to the north is outside the MUSA Boundary and will remain rural. Land to the south and ten acres to the east will develop at an urban residential density with land in the 2005 -2020 sewer staging areas. The site is located at the intersection of two county roads. Crosstown Boulevard is designated a "B" Minor Arterial and Constance Boulevard is designated a Collector Street in the City's Transportation Plan. 161 Avenue to the west is designated a "B" Minor Arterial in the City's Transportation Plan. The existing and projected traffic counts from the City's Transportation Plan indicate daily traffic will be greater at each of the other commercial sites in the City, with the exception of the gas/convenience store at the corner of 7th Avenue and Valley Drive. Changes in access to county roads will need to be permitted by the Anoka County Highway Department. County spacing guidelines indicate a full movement access would need to be spaced '/2 mile from the intersection of Crosstown Boulevard and Constance Boulevard. A commercial development would not be successful at this location at the present time. There is a significant amount of approved retail space within the Hanson Commons and Andover Clocktower Commons developments that remains to be filled. The site is approximately 1.14 miles from Andover Clocktower Commons. There are also vacant commercial pads with access • to Hanson Boulevard in the Grey Oaks development. OPTIONS Staff offers the following options to consider: OPTION 1: Make no change at this time. —3— . OPTION 2: Change the land use designation to Transitional Residential/ Commercial as e described earlier in this report. OPTION 3: Change the Land Use designation to Transitional Residential to match the surrounding undeveloped property. Retain the existing R-I Zoning until municipal sewer and water arrives and urban residential development is proposed. Entertain any proposed commercial component at that time as a part of an overall development proposal for the surrounding 18.5 acre parcel. AREA 2: Northwest Corner Andover Boulevard & Prairie Road AREA2: NORTHWEST CORNER OF ANDOVER BOULEVARD AND PRAIRIE ROAD - - - - e - - . . , . . , '.,:"2020 h1USA Boundary ~E e -<1-- 0 i hw WKI Northwest Corner of Andover Blvd & Prairie Road Properties 1 ize 4.13 acres Width 400 feet Depth 450 feet Zoning R -1 djacent Development North Transitional Residential (inside MUSA) East Transitional Residential (inside MUSA) South Transitional Residential (inside MUSA) West iTransitional Residential (inside MUSA) ANALYSIS The site lies within the MUSA Boundary, although municipal sewer and water service will not be available until development to the south and east occurs. Sewer trunk capacity is limited to 2.45 units per acre (or 10 units for the 4.13 acres) based on the latest sewer study. This will limit the potential for some types of commercial development. The surrounding neighborhood will continue to develop although land to the north will continue to be rural or will not be developed for up to ten years or more according to the Sewer Staging Plan. The site is located at the intersection of a county road and a city street. Andover Boulevard is designated a `B" Minor Arterial and Prairie Road is designated a Collector Street in the City's Transportation Plan. The existing and projected traffic counts from the City's Transportation Plan indicate daily traffic will be greater at each of the other commercial sites in the City again with the exception of the gas/convenience store at the comer of 7th Avenue and Valley Drive. Staff does not believe that a commercial development would be successful at this location at the present time. There is a significant amount of approved retail space within the Hanson Commons and Andover Clocktower Commons developments that remains to be filled. There are also vacant commercial pads with access to Hanson Boulevard in the Grey Oaks development. The site is less than 1.5 miles from either the Andover Clocktower Commons/Hanson Commons and Andover Station developments. . OPTIONS Staff offers the following options to consider: OPTION 1: Make no change at this time. -s— . OPTION 2: Change the land use designation to Transitional Residential! Commercial as described earlier in this report. e OPTION3: Change the Land Use designation to Transitional Residential to match the surrounding undeveloped property. Retain the existing R-l Zoning until municipal sewer and water arrives and urban residential development is proposed. AREA 3: Southwest Corner Bunker Lake Boulevard & Crooked Lake Boulevard AREA3: SOUTHWEST CORNER OF BUNKER LAKE BOULEVARD AND CROOKED LAKE BOULEVARD e " I '/2020 MUS" aounda,.,. ~E e -,- 0 nATA Southwest Corner of Bunker Lake Blvd & Crooked Lake Blvd Properties 3 ize 3.3 acres (irregular shape) Width 132 -267 feet Depth 580 -640 feet Zoning R-4 jacent Development North R-4 Single Family Residential East R -4 Single Family Residential outh R -4 Single Family Residential est R-4 Sloth Nurse ANALYSIS The site lies within the MUSA and has access to municipal sewer and water. The surrounding neighborhood has been developed with single family homes with the exception of the Sloth Nursery to the west and the Meadow Creek Church and school to the northwest. The site is located at the intersection of a county road and a city street. Bunker Lake Boulevard is designated an "A" Minor Arterial and Crooked Lake Boulevard is designated as a Collector Street in the City Transportation Plan. The existing traffic counts are comparable to the intersection of Hanson Boulevard and Crosstown Boulevard. The projected traffic counts show only a minor increase as the surrounding area is fully developed. OPTIONS Staff offers the following options to consider: OPTION 1: Make no change at this time. OPTION 2: Change the land use designation to Transitional Residential/ Commercial as described earlier in this report. OPTION 3: Change the land use designation to Transitional Residential to match the surrounding undeveloped property. Evaluate low or medium density development proposals through the sketch plan process. OPTION 4: Change the land use designation to Limited Commercial/Medium Density to allow for either office or medium density development as was done for site that was developed as Bunker Lake Village. OPTION 5: Change the land use designation Neighborhood Commercial to allow the potential for more retail and restaurant types of uses. —7— AREA 4: Southeast Corner of Round Lake Boulevard and Bunker Lake Boulevard AREA4: SOUTHEAST CORNER OF ROUND LAKE BOULEVARD AND BUNKER LAKE BOULEVARD 0 11 tr - w( yE t % .'2020 MUSA Boundary YS u DATA Southeast corner of Round Lake Blvd and Bunker Lake Blvd Properties 2 ize 4.1 acres Width 270 feet Depth 660 feet Zoning R-4 Adjacent Development North SC - Downtown Center East NB - Office Building South R -4 - Single Family West SC - CVS, Precision Tune, Anoka strip center Other factors Existing church is likely to remain for the long term ANALYSIS The site lies within the MUSA and has access to municipal sewer and water. Property to the west, north and east has been developed with commercial land uses and property to the south is a single family neighborhood.. The site is located at the intersection of two county roads. Both Round Lake Boulevard and Bunker Lake Boulevard are classified as ` county road and a city street. Bunker Lake Boulevard is designated an "A" Minor Arterial and Crooked Lake Boulevard is designated as a Collector Street in the City Transportation Plan. The site has been developed with the Grace Lutheran Church and a parking area that serves the church. It is not considered likely that the site will be developed for any other use at this time. In this case, the revised definition of Transitional Residential/Commercial may be appropriate because it preserves the residential classification that churches need according to local zoning requirements and also preserves the potential for future commercial development if the church decides to move to another site. OPTIONS Staff offers the following options to consider: OPTION 1: Make no change at this time. OPTION 2: Change the land use designation to Transitional Residential/ Commercial as described earlier in this report. —7- ACTION REQUESTED Please review and discuss the attached information and consider any input from property owners. If it is determined that changes to the Comprehensive Plan need to be made, a public hearing will • be scheduled pursuant to that process. Respectfully submitted, e �e Attachments Excerpts from the Land Use Chapter of the Comprehensive Plan Land Use Map Cc: Charles Vieman 13646 Crooked Lake Boulevard Sterling Homes, Inc. 18593 Vane Ct NW Elk River, MN 55330 Dean and Juliann Hunter 5043 Tuxedo Blvd, Mound, MN 55364 Stan and Judith Carlson 680 Constance Boulevard NW Grace Lutheran Church 13655 Round Lake Boulevard Douglas Meister 541 Andover Boulevard 41 -1Q r Excerpt From Comprehensive Plan . The information below is taken from the Land Use Chapter of the City's Comprehensive Plan. Description of the transitional land use districts and the goals and policies that are intended to guide the decision making process are included below. 3. Local Goals and Objectives Goals and objectives translate the general land use vision statements of Andover citizens into policies for future land use decisions. Goals are the most general statements of the plan, objectives are means of achieving the goals. Goal 1: Maintain a high degree of community planning and involvement Objectives: A. Establish a community focal point of land uses including schools, civic functions, recreational opportunities and medical services in the vicinity of City Hall. B. Maintain a close working relationship with local civic, school and governmental agencies to ensure that the needs of all parties are considered when broader decisions that affect Andover residents are made. C. Recognize and plan for anticipated growth and demographic changes. D. Encourage commercial development at major intersections along major thoroughfares and discourage strip development away from these locations. E. Encourage development of community facilities for meetings, recreation and other public needs in conjunction with other public entities such as school Is districts and Anoka County. F. Create opportunities for higher density development in the Commercial Park area. G. Provide opportunities for life -cycle housing choices. Goal 2: Allow growth while maintaining the quality of natural resources and amenities. Objectives: A. Encourage infill development within the existing MUSA. B. Promote, protect, preserve and enhance residential, agricultural and open space in Andover through implementation of land use ordinances. C. Promote orderly growth to ensure efficient utilization and delivery of community services. D. Develop pedestrian walkways, trails and obtain rights -of -way throughout the City. E. Allow extension of infrastructure consistent with the Comprehensive Plan. F. Limit urban development to only those areas serviceable by sanitary sewer within the 2020 MUSA Boundary depicted on Figure 4.5. G. Create opportunities for the City to acquire larger tracts of land to provide further green space and meet other civic needs. H. Identify potential future areas for higher density development within the urban service area. I. Protect direct access to sunlight for solar energy systems. 0 Goal 3: Encourage appropriate economic growth, and redevelopment. Objectives: A. Develop a diversified tax base through balanced development of commercial, light industrial, and residential properties. B. Minimize potential zoning and land use conflicts by providing transitional zones or buffers between commercial, light industrial and residential activity and review regularly. C. Allow limited commercial growth to serve residential areas outside the urban service area. D. Allow light industrial growth only within the urban service area. E. Promote redevelopment of 'brown field' properties. Goal 4: Plan for the externalities of future growth Objectives: A. The following issues shall be part of the review process prior to any rezoning or Comprehensive Plan Amendment: • Roads and Traffic • Sewer and Water • Schools • Parks • Engineeringllnspections • Fire • Police • Fiscal impact The capacity to meet these identified needs shall be a determining factor for approval. B. Explore opportunities to preserve and protect open space through the development process. C. Study the possibility of a potential commuter railroad and /or mass transit station. D. Cluster open space and recreation areas for multiple uses. E. Study the need for railroad grade translocation to meet safety needs. Goal 5: Establish, maintain, and improve vital retail and service locations within Andover. Objectives: A. Promote development of commercial areas as cohesive, highly- inter- related nodes responsive to the needs of the community and surrounding market area. B. Focus on new development and redevelopment efforts of general commercial areas to create site designs that promote attractive shopping environments, easy accessibility, and a high level of business interchange. 'This goal and underlying objectives were added as a result of the Neighborhood Business study conducted in 2001 -02. C. Strongly discourage any fragmented or uncoordinated linear commercial development in favor of a unified and pre - planned development pattern. D. Select strategic locations for neighborhood commercial sites and establish design performance standards for such uses that promote quality site design and compatible land use arrangements. E. In evaluating commercial sites, consideration shall be given to the physical implication of commercial use related to compatibility with surrounding land uses, traffic generation, sewer and water demands, and environmental issues. /2— 0 Other Business -- Further Review of Revision #37 and #48 (Code Sections 12 -6-6 and 12 -10) Backeround This particular section has been in conflict with 12 -14 -10 C. 3,4 & 5 and staff would like it to be consistent. At the August 3, 2005 City Council meeting, much discussion arose regarding home based businesses that are ever increasing in number and are generally starting to become a nuisance in some neighborhoods. It was felt that there are some home occupations that are starting to have many UPS deliveries in a day and that garages are becoming filled with business related storage and they may need to have tighter controls placed on them. The City Council asked for the Planning Commission to further discuss the issue and determine if more restrictions would be recommended. This particular section of code as well as revision #48 "Home Occupations" (Section 12 -10) may need to be reviewed simultaneously to answer the Council's questions related to this particular issue. Please refer to the following teat to aid in the discussion. Discussion focused on what can be done to prevent home based businesses from taking over the garage, thereby forcing loss of space for cars, garbage, general storage, etc. A question arose regarding the allowable home occupations and bow tight the interpretation is regarding "professional offices ", as most people that run a home based business by phone or the internet just ran a home office, and is that considered a "professional office ", or not? Proposed Chance Move 12 -6 -6 A. to become 12 -14 -10 C.3.C. Eliminate 12 -6 -6 and 12 -14 -10 C.S. At the July 19, 2005 Council meeting, a question arose as to how other cities handled the situation related to the section that reads as follows: "A private garage in a residential district shall not be utilized for business or industry. " In checking with a couple of other cities, staff found that they also have a similar provision. In those cities it also is reinforced with home occupation regulations to prevent businesses from starting up in resident's garages. In those cities all home occupation type businesses must be located in the principal structure. The City of Andover requires a Conditional Use Permit for home occupations located in accessory structures (allowing only cabinet making, woodworking, repair services, or similar uses) thereby preventing others from existing. This probably should be cross - referenced to the home occupations section (Chapter 12 -10) so there is no misunderstanding. This section probably is needed for enforcement on very obnoxious home occupations where neighbors are likely to complain. The average home occupation that uses some portion of the garage for storage will hardly be noticed by anyone. Staff does not recommend changing the language as it currently is proposed. LJ I Actual Text of Proposed Chance • 12 6 6 USE RESTMC-TIONS. A. PFivate Gaines: A in a r-esidenfial dis4fiet shall net be utilized fisr-- h-iminess or- indastFy. pfivate garage vehiele with the state of Minneseta: Said vehiele must be Fegistered te the PFOPOFty leSSOF er Fel einm New Section 12 -14 -10 C.3.0 : C. General Provisions: 3. Permitted Use Of Parking Area: a. Driveways and off street parking facilities accessory to residential uses shall be utilized solely for the parking of licensed and operable passenger automobiles, no more than one truck not to exceed a gross capacity of twelve thousand (12,000) pounds, and recreational vehicles and equipment. b. In an R -1 or R -2 single-family residential district on a parcel of at least three (3) acres in size, one truck tractor may be stored within an accessory building. Under no circumstances shall the required parking facilities allow for the parking of semi - trailers. c. Private Garages: A private garage in a residential district shall not be utilized for business or industry as allowed by 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 commercial vehicle 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 commercial vehicle shall not exceed twelve thousand (12,000) pounds gross capacity. E —Z— Revision # 46, 47, 48, 49 12 -10 HOME OCCUPATIONS Background Chapter 12 -10 is the only chapter in the Code to deal exclusively with Home Occupations. There are, however, important pieces of information regarding home occupations scattered in several other places throughout the City Code. Upon review by the Planning Commission, language was added to section 12- 10 -6 -D that added provision for separation or divorce. The Code previously provided for the spouse of a permit holder who had "expired," but now there is language which covers the spouse of a permit holder following a non - death- related separation. If a property has a Conditional Use Permit under the husband's name, his wife should not be required to discontinue the use upon his death or disability simply because his name is on the application. The new language allows for continuation of the Conditional Use Permit with the approval of the City Council. Proposed Changes This revision seeks to bring all the information into a single chapter and simplify its presentation as much as possible. Changes: • 12- 10 -4 -A & B have expired (May 15, 1990) and should be deleted. The new part A contains a brief summary of the Special Home Occupation permits. • 12 -10 -8 will be deleted. It outlines a complaint procedure specifically for permitted home occupations. The City already has a complaint / enforcement policy in place that can be applied to home occupations, so this chapter is unnecessary. • 12 -8 -9, which deals with in -home beauty salons, will become the new 12 -10 -8. It deals with In -Home Beauty Salons and makes more sense located with the rest of the Home Occupation regulations. 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 than a legislative hearing process. (Amended Ord. 8, 10 -21 -1970) 12 -10 -2: PERMITTED HOME OCCUPATIONS; LOCATION RESTRICTIONS: 0 3 — 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 any one 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 %) of the 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 40 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. I 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: 0 -V- 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 of land 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 of the 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 (59) rear yard setback or as required in section 12 -34 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 of the 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 of Property: Upon sale of the premises for which the conditional use permit is granted, such permit shall terminate. 12 -10 -4: NONCONFORMING HOME OCCUPATIONS: Permit. Those that were granted a permit are on rile with the Department of Community Development and may continue to operate. However, they shall not increase in extent. — S., number, volume, or scone from any of the information stated in the permit, or the permit will be subiect to revocation. a o lw I. .. Y. 12 -10 -5: CONDITIONAL USE PERMITS: • nlm 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 of the permit are not adhered to. (Amended 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) remamure at the same address may continue the home occupation if written notice is eWen to the Department of 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) - F71- - - - • 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) - F71- IbiwF lW-Y&FAII71 a U WAR 1. Y 1 Y • \ 1■ .. the feltewingtype8? 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 City 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 C. Compliance With State Requirements: The salon/shop must comply with the state cosmetology board and the state barbers board requirements. E-D. Number Of Chairs: One chair salon/barber only. D E. Hours Of Operation: The hours of operation shall be approved by the city council. B 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 shop/barber shop shall be considered the equivalent to one bedroom in terms of usage under title 10, chapter 4 of this code. 11. ►_J • " X— _ Y. - > no 2. The hORWI > We eF th e W W i ty e i i s ptA at risk 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 City 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 C. Compliance With State Requirements: The salon/shop must comply with the state cosmetology board and the state barbers board requirements. E-D. Number Of Chairs: One chair salon/barber only. D E. Hours Of Operation: The hours of operation shall be approved by the city council. B 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 shop/barber shop shall be considered the equivalent to one bedroom in terms of usage under title 10, chapter 4 of this code. 11. ►_J • " X— _ Y. - _ - ... M . . _ . .. _ .. _ ... 0 MWO MORI 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 City 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 C. Compliance With State Requirements: The salon/shop must comply with the state cosmetology board and the state barbers board requirements. E-D. Number Of Chairs: One chair salon/barber only. D E. Hours Of Operation: The hours of operation shall be approved by the city council. B 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 shop/barber shop shall be considered the equivalent to one bedroom in terms of usage under title 10, chapter 4 of this code. 11. ►_J • " X— G Annual Review Th een difi e nal . .. i R s l b b t t Em t • 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) 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) - 7— owl amt.