HomeMy WebLinkAboutOrd. 392 - Commercial VehiclesCITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 392
THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS
FOLLOWS:
TITLE 12: ZONING REGULATIONS
CHAPTER 2: RULES AND DEFINITIONS
12 -2 -2:
COMMERCIAL VEHICLE: Any vehicle, including truck, semi - tractor, or van,
primarily used for the movement of cargo or
passengers in the normal operation of a business.
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MOTOR VEHICLE: Any self - propelled vehicle not operated exclusively
upon railroad tracks and any V ehir.le propelled er
d e b a If propelled vehicle and inch U
vehicles known as trackless trolleys that are propelled
by electric power obtained from overhead trolley wires
but not operated upon rails, except snowmobiles and
mobile homes.
GARAGE, PRIVATE: A detached or attached accessory building or carport,
which is used primarily for storing passenger vehicles,
or trailers. OF ene tRA k of a rated ^wpaavity not irk
of fi �I a thousand (12 nn� rods greee LVV
GapaGity
RECREATION
EQUIPMENT
(IN RESIDENTIAL
DISTRICTS): Play apparatus such as swing sets and slides,
sandboxes, poles for nets, unOGGupied beats and
t ra il ers + di t wen ty feet (20') in length
picnic tables, lawn chairs, barbecue stands, and
similar equipment or structures, but not including tree
houses, swimming pools, playhouses exceeding
twenty five (25) square feet of floor area, or sheds
utilized for storage of equipment.
RECREATIONAL
VEHICLE (RV):
n '1 rlocirned as temporary llrinn
rl t'n f __ at'n al _ inn and travel
use d inrl. diner but not limited to + Travel trailers,
truck campers, camping trailers and self - propelled
motor homes and converted buses licensed as an
RV or boats, snowmobiles, all- terrain vehicles, and
other similar vehicular portable structures without
permanent foundation, which can be towed, hauled or
driven and primarily designed for temporary living
accommodation and /or for recreational, camping and
travel use. Recreational vehicles parked on or inside
a single trailer should be considered as one
recreational vehicle.
TRAILER: A vehicular type, portable structure without permanent
foundation and capable of movement when drawn by
another vehicle as it's means of propulsion and,
Primarily designed for towing or hauling cargo and /or
things.
TITLE 12: ZONING REGULATIONS
CHAPTER 13: PERFORMANCE STANDARDS
12 -13 -3: EXTERIOR STORAGE:
A. Residential Districts: All materials and equipment not stored within a
building must be fully screened (as outlined in Section 12 -13 -5) so as not
to be visible from adjoining properties, except for the following (Amended
Ord. 380, 4/21/09):
1. Clotheslines and recreational equipment. (Amended Ord. 314 10 -4-
2005)
2. Building materials currently being used on the premises of a property
with an active building permit or landscaping materials to be incorporated
into a proiect on the premises of a property with an active remodelinq/
beautification proiect not to exceed six (6) months within the calendar
year (Amended Ord. 314 10 -4 -2005; Ord. 380, 4/21/09)
3. Agricultural equipment and materials if these are used or intended for
use on the premises.
4. Special mobile equipment p ermitted only when being used in
coniunction with a temporary service including but not limited to
emergency events or a construction remodeling, or landscaping project
benefiting the premises or the temporary, general loading or unloading
onto the premises.
B. All Districts except Residential Districts: The City Council may require a
Conditional Use Permit for any exterior storage of the following:
1. If it is demonstrated that such storage is a hazard to the public
health, safety, general welfare, or morals, or has a depreciating
effect upon nearby property values, or impairs scenic views, or
constitutes a threat to living amenities. (Amended Ord. 8, 10 -21-
1970; Ord. 380 4/21/09)
2 A ny ex s th is not enurneF in Con }inn 12 13 3
subpart 1 4. (ArneRded Ord. 380, 421/09)
TITLE 12: ZONING REGULATIONS
CHAPTER 13: PERFORMANCE STANDARDS
12 -13 -8: OFF STREET PARKING REQUIREMENTS:
A. Purpose: The regulation of off street parking spaces in this title is to
alleviate or prevent congestion of the public right -of -way and to promote
the safety and general welfare of the public by establishing minimum
requirements for off street parking of motor vehicles and trailers in
accordance with the utilization of various parcels of land or structures
and to maintain the general use and c haracter within the zoning
designations
B. Policy: For those rural lots originally intended to be 2.5 acres, but upon
development resulted in less than 2.5 acres but at least 2.375 acres are,
for the purpose of this ordinance considered to satisfy the 2.5 acre
requirement.
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4. Special mobile equipment p ermitted only when being used in
coniunction with a temporary service including but not limited to
emergency events or a construction remodeling, or landscaping project
benefiting the premises or the temporary, general loading or unloading
onto the premises.
B. All Districts except Residential Districts: The City Council may require a
Conditional Use Permit for any exterior storage of the following:
1. If it is demonstrated that such storage is a hazard to the public
health, safety, general welfare, or morals, or has a depreciating
effect upon nearby property values, or impairs scenic views, or
constitutes a threat to living amenities. (Amended Ord. 8, 10 -21-
1970; Ord. 380 4/21/09)
2 A ny ex s th is not enurneF in Con }inn 12 13 3
subpart 1 4. (ArneRded Ord. 380, 421/09)
TITLE 12: ZONING REGULATIONS
CHAPTER 13: PERFORMANCE STANDARDS
12 -13 -8: OFF STREET PARKING REQUIREMENTS:
A. Purpose: The regulation of off street parking spaces in this title is to
alleviate or prevent congestion of the public right -of -way and to promote
the safety and general welfare of the public by establishing minimum
requirements for off street parking of motor vehicles and trailers in
accordance with the utilization of various parcels of land or structures
and to maintain the general use and c haracter within the zoning
designations
B. Policy: For those rural lots originally intended to be 2.5 acres, but upon
development resulted in less than 2.5 acres but at least 2.375 acres are,
for the purpose of this ordinance considered to satisfy the 2.5 acre
requirement.
C. Site Plan Required: All applications for a building permit or Certificate of
Occupancy in all zoning districts shall be accompanied by a site plan
drawn to scale and dimensioned indicating the location of the driveway,
off street parking and loading spaces, and storage areas in compliance
with the requirements set forth in this chapter.
D. General Provisions:
1. Determining Floor Area: Floor area, for the purpose of calculating the
number of off street parking spaces required, shall be determined on the
basis of the exterior floor area dimensions of the buildings, structure or
use. Floor area shall not include areas used primarily as utility rooms,
maintenance areas, restrooms, fitting rooms, alteration rooms, window
display areas or lobbies.
2. Change Of Use Or Occupancy Of Land Or Buildings:
a. Land: No change of use or occupancy of land already dedicated
to a parking area, parking spaces, or loading spaces shall be made,
nor shall any sale of land, division or subdivision of land be made
which is necessary for parking, parking stalls, or parking
requirements below the minimum prescribed by these zoning
regulations.
b. Buildings: Any change of use or occupancy of any building,
including additions thereto, requiring more parking area shall not be
permitted until there is furnished such additional parking spaces as
required by this title.
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3. Permitted Use Of Residential Parking Area:
a. Driveways in a residential district shall be utilized solely for the
parking of licensed and operable motor and passenger vehicles,
trailers and recreational vehicles, and may not contain no more
than one vehicle registered as a commercial vehicle with the
State of Minnesota. Said such commercial vehicle shall not: 1.)
exceed 12,000 pounds gross vehicle weight; 2) the height of the
vehicle shall not exceed nine (9) feet; and 3) the carrying load
area shall not exceed the height of the operating area (this
height shall not include any accessory equipment such as a
ladder, antenna or aftermarket utility box that may be affixed or
attached to the vehicle).
b. Private Garages: A private garage in a residential district shall
not be utilized for business or industry, except as allowed by
Section 12 -9 -3 of this code. Further, not more than one -half
(112) 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. 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, unless otherwise allowed by City Code.
c. Rear yards: A combination of no more than two (2) of the
followinq: passenger vehicles, pickup trucks, recreational
vehicles, or trailers shall be permitted to be stored in the rear
yard of a residential property provided they are setback not less
than ten (10) feet from all property lines and are fully operable
and licensed as required by the State of Minnesota. Each item
shall not exceed twenty (20) feet in length. The permitted length
for one recreational vehicle may increase to no more than forty
five (45) feet in length in the following locations:
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3. Permitted Use Of Residential Parking Area:
a. Driveways in a residential district shall be utilized solely for the
parking of licensed and operable motor and passenger vehicles,
trailers and recreational vehicles, and may not contain no more
than one vehicle registered as a commercial vehicle with the
State of Minnesota. Said such commercial vehicle shall not: 1.)
exceed 12,000 pounds gross vehicle weight; 2) the height of the
vehicle shall not exceed nine (9) feet; and 3) the carrying load
area shall not exceed the height of the operating area (this
height shall not include any accessory equipment such as a
ladder, antenna or aftermarket utility box that may be affixed or
attached to the vehicle).
b. Private Garages: A private garage in a residential district shall
not be utilized for business or industry, except as allowed by
Section 12 -9 -3 of this code. Further, not more than one -half
(112) 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. 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, unless otherwise allowed by City Code.
c. Rear yards: A combination of no more than two (2) of the
followinq: passenger vehicles, pickup trucks, recreational
vehicles, or trailers shall be permitted to be stored in the rear
yard of a residential property provided they are setback not less
than ten (10) feet from all property lines and are fully operable
and licensed as required by the State of Minnesota. Each item
shall not exceed twenty (20) feet in length. The permitted length
for one recreational vehicle may increase to no more than forty
five (45) feet in length in the following locations:
(1) On a parcel of land having a minimum lot size of two and
a half (2.5) acres.
(2) On one or more parcels of land sharing a lot line owned
by the same person and having a total combined acreage
of 2.5 acres.
d. Commercial vehicles exceeding the gross vehicle weight or
height as enumerated in Section 12 -13 -8, D. subpart 3.a. or any
special mobile equipment shall only be permitted on any off -
street parking area or its respective premises if it is being used
in coniunction with a temporary service including, emergency
events or a construction, remodeling, or landscaping proiect
benefiting the premises. In no instance shall the duration of
such special mobile equipment exceed two (2) consecutive days
at any given period of time unless prior authorization from the
City has been obtained.
4. Prohibited Use Of Parking Area:
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a. Under no circumstances shall the required parking facilities
accessory to residential structures be used for the parking or
storing of semi trailers, flat bed trucks, tow trucks, school buses,
or similar.
b. Required off street parking space in any district shall not be
utilized for the open storage of goods or for the storage of
vehicles which are inoperable, for sale or for rent.
TITLE 12: ZONING REGULATIONS
■.' C •
HOME OCCUPATIONS
SECTION:
12 -9- 1: Purpose
12 -9- 2: Permitted Home Occupations; Location Restrictions
12 -9- 3: Home Occupations In Accessory structures
12 -9- 4:
Nonconforming Home Occupations
12 -9- 5:
Conditional Use Permits
12 -9- 6:
Special Home Occupation Permits
12 -9- 7:
Inspections
12 -9- 8:
In -Home Beauty Salons and Barbershops
12 -9- 9:
Vested Rights
12 -9 -10:
Suspension Or Revocation Of Conditional Use Permit
12 -9 -11:
Illegal. Home Occupations; Penalty
12 -9 -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 -9 -2: PERMITTED HOME OCCUPATIONS; LOCATION
RESTRICTIONS: All home occupations that 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 -9 -3 of this chapter or has
obtained a Special Home Occupation Permit as stated in Section 12 -9 -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 occupation shall be prohibited, except those customarily found in
a dwelling.
F. Vehicles: Vehicles associated with a home occupation shall be l im i ted to
o,ne vm ele A the p remises (said vehiele sh. not oxceed y ess GapaG +„
weig o f 12 peuR s) be regulated as stated in Title 12, Chapter 13,
Performance Standards and in Title 6, Motor Vehicle and Traffic
G. Signs: Signs shall be regulated as stated in Title 12, Chapter 15.
H. Performance Standards: No home occupation shall produce light glare,
noise, odor or vibration that will in any way have an objectionable effect
upon adjacent or nearby property.
I. Supervision: The home occupation shall be conducted by at least one
member of the family who resides in the dwelling unit.
J. Building And Safety Requirements: The home occupation shall meet all
applicable fire and building codes. (Amended Ord. 8, 10 -21 -1970)
12 -9 -3: HOME OCCUPATIONS IN ACCESSORY STRUCTURES
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 (50') rear yard setback or as required
in Section 12 -3 -4 of this title.
4. Storage Restrictions: The outside storage area and all commercial
vehicles, materials and equipment for the business being stored on site
shall be fenced, landscaped and screened in such a manner as to prevent
them from being visible at any time of the year from road rights -of -way,
public properties and surrounding properties. (Amended Ord. 314 10 -4-
2005)
5. Other Requirements: All provisions in Section 12 -9 -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. (Amended Ord. 314 10 -4 -2005)
TITLE 6:
MOTOR VEHICLES AND TRAFFIC
CHAPTER 2
PARKING REGULATIONS; STREET OBSTRUCTIONS
SECTION:
6 -2 -1: Parking Restrictions On Public Rights -Of- Way
6 -2 -2: Parking Boat Trailers
6 -2 -3: Obstructing Public Rights -Of -Way
6 -2 -4: Removal, Towing Of Vehicles
6 -2 -5: Citation
6 -2 -6: Violation; Penalty
6 -2 -1: PARKING RESTRICTIONS ON PUBLIC RIGHTS -OF -WAY:
A. Parking During Snowfall:
1. It shall be unlawful for any person to leave, park, permit or allow any
vehicle to stand or remain upon any city street or right -of -way or on the
traveled portion of the road or to obstruct the flow of traffic, unless for an
emergency, between the hours of one o'clock (1:00) A.M. and six o'clock
(6:00) A.M. from November 1 to April 15, except as provided by this
chapter.
2. It shall be unlawful to park or permit to be parked, or to continue to park
or permit to stand, any vehicle upon any city street after two inches (2 ") or
more snowfall until such time as the snow has been plowed from the
street.
B. Vehicle Length And Weight Restrictions: It shall be unlawful for any
person to leave, park, permit, or allow any vehicle in excess of twenty four
feet (24) in length or having a carrying weight in excess of one ton to
stand or remain upon any street or right -of- way or on the traveled portion
of the road or to obstruct the flow of traffic at any time of any day unless
such vehicle is being used for the purpose of moving goods from or to a
commercial or residential location within one block from where such
vehicle is located. In no instance shall any vehicle described as being in
excess of twenty four feet (24) in length or having a carrying weight in
excess of one ton be left, parked or permitted to be parked on any street
or right -of -way or in violation of any seasonal parking restrictions, or for a
period of more than two (2) continuous hours of any day unless prior
authorization from the City is obtained
C. Property Other Than Vehicles: No property of any kind or description,
except motorized vehicles, together with property lawfully attached
thereto, may be parked, stored, or permitted to stand upon any city street
or right -of -way at any time, except as the same may be permitted by
resolution of the City Council.
D. Obstructing Mailboxes And Driveways: It shall be unlawful for any person
to leave, park or permit any vehicle to be parked in front of, or in such a
manner or place as to interfere with or hinder access by persons or
vehicles to, mailboxes or receptacles therefor, or to park or permit to be
parked any vehicle in such place or manner as to obstruct or hinder
access to any driveway, whether the same is public or private.
E. Additional Restrictions: Notwithstanding the foregoing restrictions, the City
Council may impose additional parking restrictions on streets within the
city if, in its opinion, such restrictions are necessary to protect the health,
safety and welfare of persons or property. Streets subject to such
additional restrictions shall be designated by City Council resolution, and
such restrictions shall not be enforced until posted notice thereof on such
streets has taken place. (Amended Ord. 218, 5 -6 -1997)
Adopted by the City Council of the City of Andover on this 18 day of May, 2010.
ATTEST: CITY OF ANDOVER
A Mi " he IIe Hartner, Deputy City Clerk Michael R. Gamache,
Mayor