HomeMy WebLinkAboutCC January 18, 2000
\ CITY of ANDOVER
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100
Regular City Council Meeting - Tuesday, January 18, 2000 agenda
Call to Order - 7:00 PM
Resident Forum Bookmark
Agenda Approval Name
Consent Agenda
Approval of Minutes minutes
Discussion Items
1. School Discussion school
2. Order Feasibility ReportlOO-05/2000 Street & Utility Reconstruction17th Avenue Area ordOOS
3. Deny Special Use PermitIU S West Telecommunication Tower/32XX South Coon Creek Driveuswest
4. Approve Ord. No. 208/Zoning Ordinance ord208
Staff. Committees. Commissions
5. Schedule Board of Review review
6. Change Date of First City Council Meeting in March datechange
7. Administrator Salary Adjustment salary
0 Non-Discussion/Consent Items
8. Approve Ord. No. 247/0rdinance Summary/Right-of-Way Management Ordinance ord247
9. Approve Right-of-Way Management Fees/2000 fees
10. Approve Application for Use of Shelter at Sunshine Park shelter
11. Approve Resolution Establishing 2000 User Fees for Shelter at Sunshine Park userfee
12. Approve Change Order #1/99-21/Sunshine Park Shelter co19921
13. Update of Sunshine Park Concessions/2000 concessi
14. Security for Parks Proposal security
15. Request Speed Study along Bunker Lake Boulevard speed
16. Accept Petition/OO-O 1/3148 Bunker Lake Boulevard NW /WM petOOl
17. Order Plans & Specs/00-03/2000 Crack Sealing ordOO3
18. Order Plans & Specs/00-04/Seal Coating ordOO4
19. Approve Revised Development Contract/Grading grading
20. Approve Copier Purchase copier
Mayor/Council Input
Payment of Claims
Adjournment
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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DATE: January 1 8. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Approval of Minutes City Clerk
ITEM NO. Q.\)'
Approval of Minutes
The City Council is requested to approve the following minutes:
January 4, 2000 Regular Meeting
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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DATE: January 18,2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Administration
Richard Fursman
ITEM NO.
\. School Discussion
REOUEST:
The City Council is requested to discuss High School site options for the purpose of keeping Andover
residents informed as to the status of this issue.
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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DATE: January 18. 2000
AGENDA SECTION ORIGINA T1NG DEPARTMENT
Discussion Item Scott Erickson,~t
Engineering
ITEM NO.
Order Feasibility ReportlOO-5/2000 Street & Utility
Reconstructionl7th Avenue Area
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The City Council is requested to approve the resolution ordering preparation of a feasibility
report for the improvement of Project 00-5, 2000 Street & Utility Reconstruction in the area of
7th Avenue.
Last year as a part of the street overlay program, the Road Committee met and identified
various neighborhoods which were in need of street overlays. One of the highest priority
areas identified was just north of Bunker Lake Blvd. (County Road 116) at 7th Avenue. The
Meadowoods, Dostaler Hanes Addition, Ivywood Estates, Johnson's Oakmount Terrace and
.~ Dehn's Addition neighborhoods were identified to be in need of street repairs. The question
\ which arises is in regards to providing sanitary sewer and water to these neighborhoods along
\ - ' J with the street repair project. As these are small lots (approx. 1 Acre) the chances for
problems in the future due to failing septic systems and water wells needs to be addressed.
We are recommending the City Council order a feasibility report be prepared for these areas to
further define the project, its associated costs and possible assessments.
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- / CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember to adopt the following:
A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR
THE IMPROVEMENT OF 2000 STREET AND UTILITY RECONSTRUCTION .
PROJECT NO. 00-5 . IN THE AREA OF 7TH AVENUE.
WHEREAS, the City Council of the City of Andover is cognizant of the need
for improvements, specifically 2000 Street & Utilitv Reconstruction in the area of _
7th Avenue; and
WHEREAS, the City Council proposes to assess the benefitting property for
all or a portion of the costs of the improvement, pursuant to Minnesota Statutes
429.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Andover that:
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'. , 1. The City Council is cognizant of the need for improvements.
2. The proposed improvement is hereby referred to and they are
instructed to provide the City Council with a feasibility report.
MOTION seconded by Councilmember and adopted by the
City Council at a reaular meeting this 18th day of Januarv , 2000, with
Councilmembers voting in
favor of the resolution, and Councilmembers voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
Victoria Volk - City Clerk
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
, , DATE: Januarv 18. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Planning
Jeff Johnson
ITEM NO.
Deny S.U.P. (99-18)
Antenna in Excess of Thirty-Five (35) Feet
32xx South Coon Creek Drive NW
US West Wireless, Inc.
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Request
The City Council is asked to review and consider one of the following two options regarding the status
of the Special Permit application for US West Wireless, L.L.C to construct a telecommunications facility
(150 feet in height from ground level) on the property located at 32XX South Coon Creek Drive NW.
As you are aware, the City recently adopted a temporary moratorium ordinance (Ordinance No. 118) on
the new construction of telecommunication antennas and towers.
/ J Council Options
1. Approve the attached resolution to deny the Special Use Permit. The basis for denial being the
adoption of the temporary moratorium ordinance.
2. Request the applicant to submit in writing to the City that the application be tabled until the
temporary moratorium ordinance is repealed and the revised telecommunication tower/antenna
ordinance is adopted by the City Council.
Attachments
Resolution for Denial
City Council Meeting Minutes (11/2/99)
Correspondence (William Hawkins, City Attomey) - Discontinue Appraisal Work
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CITY OF ANDOVER
COUNTY OF ANOKA
/ STATE OF MINNESOTA
RESOLUTION NO. -
A RESOLUTION DENYING THE SPECIAL USE PERMIT REQUEST OF US WEST WIRELESS,
L.L.C. FOR THE CONSTRUCTION OF A WIRELESS COMMUNICATION FACILITY (PCS
ANTENNA/TOWER - 150 FEET IN HEIGHT FROM GROUND LEVEL) ON THE PROPERTY
LOCATED AT 32XX SOUTH COON CREEK DRIVE NW (PIN# 29-32-24-41-0003), LEGALLY
DESCRIBED AS THE EAST 615 FEET OF THE NE V. OF THE SE V. LYING NORTHERLY OF THE
NORTHERLY RIGHT-OF-WAY LINE OF SOUTH COON CREEK DRIVE NW EXCLUDING ROADS
SUBJECT TO EASEMENT OF RECORD.
WHEREAS, US West Wireless, L.L.C. has requested a Special Use Permit to construct a Wireless
Communication Facility (150 feet in height from ground level) on the property located at 32XX South
Coon Creek Drive NW, legally described above.
WHEREAS, the City Council has determined that said request shall not be considered for review
due to the fact that the City has established a temporary moratorium ordinance on telecommunication
antennas and towers.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover denies the Special
Use Permit request of US West Wireless, L.L.C. to construct a Wireless Communications Facility (PCS
antenna/tower structure - 150 feet in height from ground level) on said property.
Adopted by the City Council of the City of Andover on this 18th day of January, 2000.
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CITY OF ANDOVER
ATTEST: J. E. McKelvey, Mayor
Victoria Volk, City Clerk
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" Regular Andover City Council Meeting
i Minutes - November 2, 1999
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Page 4
(Amend Ordinance No. l09/Snowmobile, Continued)
from City parks. The problem is snowmobiles are not allowed in the City parks. It prohibits those
in the neighborhoods around the lake from accessing the lakes. He felt this is premature without
having the trails in place. Councilmember Jacobson felt those issues can be addressed at a future
meeting. Councilmember Orttel stated it was not his intention to encourage everyone to snowmobile
on the lakes. His thought was to allow those who live on the lakes to be able to snowmobile onto
them. Motion carried on a 3- Yes, 2-No (McKelvey, Johnson) vote.
*- DENY SPECIAL USE PERMIT/CELL TOWER ANTENNAi31XX SOUTH COON CREEK
DRIVElUS WEST WIRELESS
Mr. Carlberg explained the Planning and Zoning Commission is recommending denial of the request
of US West Wireless to construct a 1 50-foot wireless communications facility (antenna/tower) on
property located at 32xx South Coon Creek Drive NW. The Council asked what consideration has
been given to locating this at other sites.
\. '\. ./ Steve Mangold. Regional Real Estate Manager for US West Wireless. 426 N Fairview. St. Paul-
explained US West Wireless is asking for a Special Use Permit to construct a 150-foot tower. They
reviewed and analyzed eight locations for this tower and submitted that information to the City
earlier today. For various reasons, the other sites were rejected. In this site they found a willing
landlord and the proposal is in full compliance with the ordinance. He read the purposes and
objectives of the ordinance, noting their request meets those objectives. The proposal meets all of
the setbacks and height requirements, meets the general requirements of the ordinance, meets the
acreage requirements of20 acres in a residential zone and meets the requirements of not being placed
within 500 feet of any residence. People have said this will lower the surrounding property values
and affect their scenic views. Mr. Mangold felt it is important to note that the proposal meets the
ordinance which was written and adopted by the City after public hearings were held. It was at that
time that the residents should have expressed their opinions. US West Wireless is following the
rules set out by the City. He stated some Commissioners voted against the application because the
tower would be in their back yards. He questioned if they are upholding the governing ordinances
of the community by going against what was adopted. If they comply with the ordinance, the tower
will not detrimentally impact that quality. He requested the application be voted upon and approved
tonight. The application is for this site and they are looking for a vote on this site. Councilmember
Orttel agreed with Mr. Mangold's comments on Ordinance 113, but that doesn't become a factor
until this Special Use Permit process under Ordinance 8 is approved
Mr. Mangold felt the criteria for the Special Use Permit includes the objectives for Ordinance 113.
They feel if they comply with the ordinance, they will not be impacting the values. This item
I includes the health, safety, general welfare and morals, traffic conditions, etc. Mayor McKelvey
recalled the intent was to first place these antennas on the existing water towers and only in extreme
situations would additional towers be considered.
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( Regular Andover City Council Meeting
Minutes - November 2, J 999
Page 5
(Special Use Permit/Cell Tower Antenna/32xx South Coon Creek Drive/ US West Wireless, Cont.)
Mr. Mangold stated another reason they did not look further at the City's water tower was longevity,
as they understood the water tower would be taken down within four or five years. They are looking
at a long-time relationship of 15-20-25 years. They would not be able to go into a 20-25-year lease
if the existing water tower is to be taken down. When asked by Councilmember Knight if they sell
space on those towers, Mr. Mangold stated no they don't. Councilmember Jacobson asked about the
other sites that were considered and factors that were used to reject them as sites. The report says
the water tower site marginally meets the objectives. Either the site does or it doesn't meet the
objectives. Which is it?
Dave Mitchell. FR design engineer for US West Wireless - explained there were some objections
to the water tower site in comparison to this site. The objective is to extend the existing service
footprint to the north and provide a contiguous service area. The test conducted at the water tower
indicated they would not be able to go as far north as they need to provide adequate service to the
amount of customers they will see on the system. US West Wireless is the sixth wireless provider
to market in the Twin City metropolitan suburban area. They have seen an enormous amount of
, growth in the northern suburbs, which is where people are buying their phones and using their
\, ' / services. They launched their service with a tower at Eddy's Auto on Bunker Lake Boulevard. Since
then they have seen a high use of their service in this area plus a high degree of dropped calls. After
analyzing the performance, they have determined the most reasonable answer is that their customers
drive off their system. The solution is to make another layer to the north to provide more coverage.
The water tower site does not meet all of their objectives and does not provide coverage to the north
as well as the Slyzuk property does.
Councilmember Jacobson asked if they do not get approval for their preferred site, would the water
tower work for them? He felt the idea was to put all of these things on City property or in the
industrial area, which has been done so far.
Mr. Mitchell stated the water tower would not work to their standards. Councilmember Orttel had
a problem with the concept of having the ability to deny this, then force them to go on City property
for a fee. When the tower was approved for Eddy's Auto, the Council was told the towers would
have a one-mile radius. This location is a couple miles. He wondered if there was a plan showing
the locations of all of the proposed towers within the City.
Mr. Mangold stated they gear that to how their customers are growing. The key thing is to have a
contiguous link when they add to their coverage. Regarding the City's water tower, even before the
first Planning Commission meeting he and their real estate team were led to believe there was a
limited time of use. They made a business decision not to use the water tower because they did not
, know when it was going to be dismantled and a new one put up in its place. At the first Planning
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/ Commission meeting, they were told it would be three to five years, but the item was tabled for them
to evaluate the water tower. They agreed and tested it, but found it does not meet all of their
objectives. Councilmember Orttel asked how often a maintenance person is on the site.
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( , Regular Andover City Council Meeting
.- Minutes - November 2, 1999
Page 6
(Special Use Permit/Cell Tower Antenna/32xx South Coon Creek Drive/ US West Wireless, Cant.)
Mr. Mitchell stated maintenance is scheduled annually plus there are mechanical failures.
CounciImember OrtteI then felt they would not have to place the tower adjacent to a highway.
Councilmember Knight agreed the 20-acre requirement was to provide a cushion around the tower,
and putting it on the edge distorts the 20 acres. Mr. Carlberg stated the discussion on the 20-acre
requirement was to keep the towers out of the dense residential areas. The intent was the large tracks
of land would create a buffer from the urban areas. He did not believe this property is in Ag
Preserve. Councilmember Johnson asked how many more users could there be on the pole.
Mr. Mitchell stated they design the pole for two other users, for a total of three users including US
West. Councilmember Knight asked if the users will rent space.
Mr. Mangold stated they design this pole for three users, anticipating the other PCS carriers or
cellular carriers may want space. They have been on water towers and roof tops with other carriers.
US West has a number of national agreements that go on their towers and they go on other towers.
If AT&T would want space, they would pay US West to help capitalize the costs of constructing the
( . tower plus pay the owner of the property for access rights. Attomey Hawkins advised there has
.'- / been no significant change in the law since he wrote his opinion to the City of Lino Lakes in
November, 1997. He reiterated the criteria to consider when approving or denying the Special Use
Permit are the effect of the proposed use upon the health, safety, morals and general welfare of the
occupants of the surrounding lands, the existing and anticipated traffic conditions, the effect on
values of property and scenic views in the surrounding areas and the effect of the proposed use on
the Comprehensive Plan. Specific findings are needed to support the decision if the request is
denied. In order to sustain a denial on the basis of effecting property values, the values of property
sold would need to be evaluated before and after the tower is placed in that vicinity. The scenic view
would have an affect on value. It is subjective, and a lot will depend on the Council's decision and
what has happened in other communities. There must be specific findings of fact.
Councilmember Jacobson noted the federal law that the municipality cannot prohibit these towers
but can impose reasonable restrictions. The City cannot be arbitrary and allow someone to do one
thing and not allow someone else to do it. Councilmember OrtteI recalled someone mentioned a
federal court decision to deny a similar request based on the effect of health, safety, morals and
general welfare of the occupants.
Mr. Mangold thought that referenced the Fourth Circuit US Court of Appeals of AT&T Wireless
versus the City Council of the City of Virginia Beach. Councilmember Orttel suggested the City
Attorney review that case and its application to this request. Attorney Hawkins stated he could
, review it but advised more specific findings of fact may be on the affect on the property and scenic
i ) values.
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Mr. Mangold stated the ordinance requires no residential structure within 500 feet ofthe tower. This
application complies. The ordinance also covers the fall zone of the tower, and they meet that
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( Regular Andover City Council Meeting
, ) Minutes - November 2, 1999
Page 7
(Special Use Permit/Cell Tower Antenna/32xx South Coon Creek Drive/ US West Wireless, Cont.)
requirement also. He argued the ordinance preserves the property values of the City. Those property
values should not be affected if the ordinance is met.
The Council discussed the need for specific findings of fact and the time needed to research the
effect of similar towers on property values. Councilmember Jacobson noted having been in the
utility business for 30 years, they have found no substantiation that the power lines that are run
through residential areas, which are much more obtrusive than the proposed tower, reduce property
values. He felt the City would be in a serious situation if it denied this request. They do meet all
the criteria, including the federal statute. Mr. Mangold asked that a decision be made tonight.
Lynnette Bowers. 14570 Jonquil- noted the application says the parcel is 17.3 acres, which is not
20 acres as required by ordinance. Mr. Carlberg stated there is the ability to move the north property
line to achieve the 20 acres. That would need to be made a condition of the approval.
Ms. Bowers stated their property value is high now. The property along Hanson Boulevard was
purchased when the power lines were already in place. She felt it will make a great difference in
C' their value if a tower is built within their view, and they lose property values over night. She doesn't
, / want to lose that value. She contacted a realtor who told her that the tower would have an impact.
She called a mortgage company who also said that within the fall zone, FHA financing would be
limited. Even in view of the tower, the mortgagor said the financing may be limited. If there is a
default on the mortgage, they don't want to take a loss because the value is down. Many of them
would be affected with their fmancing. The ordinance also states that the tower cannot be installed
in view of a park unless it is proved there are no other sites available. She considers the Coon Creek
Waterway their neighborhood park, and it is in view of this proposed tower. In Coon Rapids, towers
cannot exceed 90 feet in height in residential areas. This will be 150 feet high. Ms. Bowers also
verified that US West was fined by the Attorney General in 1996 for $5 million and is still being
fined today by the Public Utilities Commission. When the brochure for US West came to her house,
she called and found out that there is one big parent company with subdivisions. It is the same
company that is paying fines daily with its regular phone service. She didn't think the City wants
something that can't deliver service but now wants to install a tower in her back yard to deliver a
new service. The property involved is also in the flood plain. Mr. Carlberg noted there is flood plain
on the property, but the tower would not be located in the flood plain.
Ms. Bowers had a picture of the property from her window after the July 4 storm, pointing out it is
not known how much it will flood from year to year. She was also upset about the way in which
some of the public hearings were canceled at the request of US West and not having enough time
to notify the public. Then they moved the tower 100 feet to get it out of the flood plain. She felt
the company is playing games. She felt an environmental assessment report should be done and
( '. discussed by the public. There could be endangered species because eagles fly over there all the
time.
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( Regular Andover City Council Meeting
) Minutes - November 2, 1999
Page 8
(Special Use Permit/Cell Tower Antenna/32xx South Coon Creek Drive/ US West Wireless, Cont.)
Bill Hentges. 3061 142nd Lane NW - stated they are asking the Council to deny the permit. The
residents have raised a number of concerns. The original notification was only to the residents
within 350 feet. None were given to those who will be affected in their neighborhood, nor to the
south which will be affected much more because of the scenic value. He had a picture of a 150-foot
tower in a residential area indicating a screening of trees. It showed there is very minimal screening
for that sized tower and showed it is very plainly in view by the surrounding residents. He also had
pictures showing what the pole would look like from their front yards. It is difficult to miss even
from 1200 feet. Mr. Hentges then reviewed his opinion on how the request does not meet the
criteria for approval. There are a number of studies relating to the effect of the electromagnetic
radiation from the towers on health. As recently as August, 1999, there has been an indication that
human health hazard may exist, though further study and monitoring is needed. They don't want to
be Ginny pigs and find out there are long-term health effects. He also noted that the federal act does
not limit the local government's authority in the placement of these facilities as long as it doesn't
discriminate among the providers. Once the City grants any special consideration to US West, it will
be forced to grant the same consideration to any other carrier that asks for it. He advised care in
(' granting any special consideration. The affect on property values is one of the criteria that allows
. \.- / the denial of the Permit. A resident at the last meeting talked about trying to sell his property and
having a hard time doing so. The number one reason for backing down was because in the
disclosure, he had to tell potential buyers about the proposed telecommunication tower. The
residents have been involved in this issue since August, and they would like it to end tonight. He
asked that the permit be denied.
Don Bowers. 1457 Jonquil -lives there and pays the taxes. Almost everyone in their neighborhood
signed the petition to deny the request.
Attorney Hawkins noted under State Statute, the City can extend the Special Use Permit for another
60 days if more information is needed. The item can be extended to January 20, 2000.
Councilmember Orttel noted the application does not meet the acreage requirements.
Motion by Orttel, Seconded by Johnson, that the Council ask the City Attorney to engage an
appraiser on the City's behalf to appraise the properties in the vicinity of the proposed US West
tower and that the Attorney give us his opinion on anything of relevance to the Fourth Circuit Court
of Appeals decision that was made, and that Staff research any recent data available for radiation
effects of such towers and that the issue be tabled until the second meeting in January for a decision.
DISCUSSION: Councilmember Jacobson did not feel they would know any more in January than
they do right now. Councilmember Knight also asked for a definitive statement from the
mortgagors. He also asked about the ordinance requirement in relation to parks. Mr. Carlberg stated
, \ . , , the ordinance allows for a statement from an engineer that the collapse of the tower will not impact
the park. They are prepared to do that. The tower is designed to collapse onto itself.
( (
( Regular Andover City Council Meeting
) Minutes - November 2, 1999
Page 9
(Special Use Permit/Cell Tower Antenna/32xx South Coon Creek Drivel US West Wireless, Cont.)
Dave? . 14424 Jonquil Street - stated the tower would be seen from his living room window. The
gentleman stated they have been working on this process for over a year, but the documents show
it has been exactly one year. He has seen other exaggerations from US West representatives.
Motion carried on a 4-Yes, I-No (Jacobson) vote. Mr. Carlberg noted this will be placed on the
January 18, 2000, Council Agenda.
APPROVE VARlANCElSIDE YARD SETBACK ENCROACHMENTI2551136TH A VENUE
NW/STINSON
Motion by Jacobson, Seconded by Orttel, the Resolution as presented by Staff. (Resolution R223-99
granting the variance to allow for an existing principal structure to encroach 5 feet into the front yard
setback and to allow for an addition to an attached garage which will encroach 12.1 feet into the side
yard setback from the street and to allow alterations to a non-conforming structure) Motion carried
unanimously.
(: \
/ I
DISCUSS REIMBURSEMENT REQUEST/752 140TH LANE NW
Dave Szykulski. 752 140th Lane NW - has lived there since 1971. There was a septic system on the
parcel. When he connected to the municipal sewer, his contractor found a broken pipe. The area
needed to be dewatered to repair the pipe prior to extending the service line to their home. The
contractor was cutting the stems off in the boulevard prior to the final grading and sod because
everybody complained about the way it looked. He felt the contractor doing the landscape work
broke the pipe when driving in the boulevard with the caterpillar, though he didn't know that for
sure. He has talked to Mr. Erickson about getting reimburse~ for the dewating costs. Mr. Erickson
verified the pipe was broken at that time. He felt it would be unusual for the caterpillar to apply
enough pressure to cause the pipe to break. Typically it is due to the utility company coming in with
a backhoe or delivery trucks on new construction. A City contractor did the final grading on the
project.
Motion by Jacobson, Seconded by Knight, to reimburse in the amount of$750, money to come from
the trunk fund. Motion carried unanimously.
APPROVE SPECIAL USEPERMITILAND RECLAMATION/27XX SOUTH COON CREEK
DRIVElBORJA
,I Councilmember Jacobson couldn't visualize why 2600 cubic yards would be needed for one or two
building spots.
. ~.:..~ _.~-< . - . . -~,,", - ~ - ~ .-_. -- - ..
~--~.._...._._-'_.-
LAw OffiCES OF
-, G. Hawkins and Associates
j
Legal Assistant 2140 FOURTH AVENUE NORTH
T AM/vll J. UVEGES ANOKA. MINNESOTA 55303
PHONE (612) 427-8877
RECEIVED FAX (612) 421-4213
January 3, 2000 JAN 6 am
Mr. Dave Carlberg CITY OF ANDOVER
City of Andover
1685 Crosstown Boulevard NW
Andover, MN 55304
Re: US West Tower
Dear Dave:
Enclosed please find an invoice I received from the appraiser whom I hired to begin
doing appraisal on the tower special use permit application. I had him discontinue
his work when the City decided to impose a moratorium. The bill enclosed is for
the work to date. I also enclosed for your information a real estate value impact
study that he obtained that may be of some value in the future while you are
/ I studying this issue during the moratorium. Please have the invoice presented to
the City Council for approval and payment directly to Mr. Taylor's company. If
you have any questions, please contact me.
WGH/tju
Enclosure
,
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
,
J DATE: January 18. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Planning
Jeff Johnson
ITEM NO.
Adopt Ordinance No. 208
Zoning Ordinance
Y.
Reauest
Please find attached to your packet of materials, Ordinance No. 208, the Zoning Ordinance. At the
December 14, 1999 Planning and Zoning Commission meeting, a public hearing was held to review the
proposed Zoning Ordinance. This ordinance repeals Ordinance No.8, the current Zoning Ordinance,
Ordinance No. 14, amending Section 7.01 of the current Zoning Ordinance, Ordinance No. 40,
regulating the division oflots, and Ordinance No. 112, regulating planned unit developments.
Historv
J
Over two (2) years have past since the City Council established an advisory committee made up of
Planning and Zoning Commissioners and residents to review and diagnose the problems associated with
the current zoning ordinance and prepare a new zoning ordinance which is more easily interpreted and is
consistent with the Comprehensive Plan.
This advisory committee met bi-monthly to conduct a section by section review of this ordinance. On
August 12, 1999 ajoint meeting was held with the committee and the City Council to receive more input
on this proposed ordinance. Staff has addressed comments from this meeting.
Please review and advise Staff of any changes.
, ,
I
"
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
) DATE: January 18, 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Staff, Committees, Commissions City Clerk
ITEM NO. O,U.
O. Schedule Board of Review
The City Council is requested to schedule the Board of Review. If Council chooses to conduct
the Board of Review on a Thursday as has been done in the past, the available dates would be
April 13, April 27, May 11 and May 26.
Wednesday dates would be AprilS, April 12, April 19, April 26, May 3, May 10, May 17.
,
, )
\
J
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
, I DATE: January 1 8, 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Staff, Committees, Commissions City Clerk
ITEM NO. 0.0'
W, Change Date/First Meeting in March
The City Council is requested to change the date of the first meeting in March. Precinct
caucuses will be held on March 7, 2000 which is Council's meeting date. State law prohibits
any council meetings from being held after 6:00 pm on precinct caucus night.
Wednesday, March 8th, is Ash Wednesday so Council may want to meet on Monday, March 6,
2000.
, /
'\
I
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
\
j January 18,2000
DATE:
AGENDA SECTION ORIGINATING DEPARTMENT
Staff, Committees, Commissions Administration
Richard Fursman
ITEM NO.
'-(. Administrator Salary Adjustment
REOUEST:
The Council has requested to examine further the compensation adjustment for the year 2000 for the
City Administrator. The entire Andover staff had wages for 2000 established at the 1999 metro average
plus 3%. The lone exception was the Administrator. The present salary for the Administrator is set at
$82,299.
Here are the administrator salaries for the five cities immediately above and below Andover in
population.
, / Inver Grove Hts $86,568 (1999)
Brooklyn Center: $95,000
Fridley $102,107
Shoreview $91,208
White Bear Lk $99,905
Oakdale $98,388
Crystal $91,764 (Just hired new administrator at $85,000 to start)
New Brighton $84,252 (1999)
New Hope $94,140 (1999)
Golden Valley $106,000
The Council may wish to consider one of the following options:
1. Leave the wage as $82,299.
2. Add 1% to make it $83,122
3. Add 2% to make it $83,945
4. Add 3% to make it $84,768
\
',)
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
'.
) DATE: Januarv 18.2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion Planning
Jeff Johnson
ITEM NO.
Approve Ordinance Summary
Ordinance No. 247, Right-of-Way Management
~I
Request
The City Council is asked to review and approve the attached ordinance summary (Ordinance No. 247 -
An Ordinance Providing for Public Right-of-Way Management). This ordinance was approved at the
January 4, 2000 City Council meeting.
,
"
, ;
, CITY OF ANDOVER
: COUNTY OF ANOKA
,
STATE OF MINNESOTA
ORDINANCE NO. 247 SUMMARY
AN ORDINANCE PROVIDING FOR PUBLIC RIGHT -OF- WAY
MANAGEMENT.
Statutory Authorizatiou
This ordinance is adopted pursuant to the authorization and policies contained in
Minnesota Statutes, Chapter 105, Minnesota Regulations, Parts 6120.2500-
6120.3900, and the planning and zoning enabling legislation in Minnesota
Statutes, Chapter 462.
Policy
This ordinance is a means for the City to manage its public rights-of-way and to
recover its rights-of-way management costs and to regulate the use of public
rights-of-way by providers of telecommunication services, public utility services,
and the like, in a fair, efficient, competitively neutral and substantially uniform
manner, consistent with and to the extent authorized by Minnesota Law,
specifically Minnesota Statutes, Sections 237.162, 237.163, 237.79, 237.81 and
238.086 (1997) and Minnesota Public Utility Commission Rules 7819.0050
through 7819.9950.
Jurisdiction
The provisions of this ordinance shall apply to the City of Andover.
Enforcement
The City Engineer or his/her designees shall have the authority to enforce the
provisions of this ordinance.
,
~
1
Interpretation
,
, I
Interpretation of the provision of this ordinance shall be held to be the minimum
requirements and shall be liberally construed in the favor of the governing body
and shall not be deemed a limitation or repeal of any other powers granted by State
Statutes.
Abrogation and Greater Restrictions
It is not the intent of this ordinance to repeal, abrogate, or impair any existing
easement, covenants or deed restrictions. However, where this ordinance imposes
greater restrictions, the provisions of this ordinance shall prevail. All other
ordinances inconsistent with this ordinance shall prevail. All other ordinances
inconsistent with this ordinance are hereby repealed to the extent of the
inconsistencyonly.
A printed copy of this ordinance is available for inspection by any person during
regular office hours of the City Clerk and at the Andover Branch of the Anoka
County Library.
, Adopted by the City Council of the City of Andover on this 18th day of Januarv,
, 2000.
/
ATTEST: CITY OF ANDOVER
Victoria V olk, City Clerk J. E. McKelvey, Mayor
, ,
2
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
; DATE: Januarv 18.2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion Planning Engineering
Jeff Johnson Scott Erickson
ITEM NO.
Approve Resolution Establishing Fees
Right-of-Way Management/2000
q.
Reauest
The City Council is asked to review and approve the attached resolution which establishes fees to be
collected for rights-of-way management in the year 2000. Staff researched a number of communities
which have adopted similar fee structures. The fees as stated in the resolution fall in line with those
communities that were researched.
Attached is a copy of Ordinance No. 247 (An Ordinance Providing for Public Right-of-Way
Management) that the City Council approved on January 4, 2000. As stated in the ordinance, these fees
) shall go into effect March 6, 2000. This will allow Staff the time to prepare the necessary permit
-
applications and to give notification to the utility companies.
" I I
-_ 1
\
/ CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
A RESOLUTION SETTING FEES EFFECTIVE MARCH 6, 2000 FOR THE
CITY TO RECOVER ITS RIGHTS-OF- WAY MANAGEMENT COSTS.
The City Council of the City of the City of Andover hereby resolves:
Ri~hts-of-Way Permit Fee Structure
Annual Registration Fee $ 50.00
Excavation Permit Fee $200.00
Per Additional Excavation (paved area) $100.00
Per Additional Excavation (unpaved area) $ 50.00
Trench Fee
Underground Utility/Telecom Installation -
Directional Boring or Tunneling (in addition
to excavation permit fee) $ 40.00 Per 100 L.F.
, ,
Underground Utility/Telecom Installation -
Open Trenching (in addition to excavation
permit fee) $ 55.00 Per 100 L.F.
Overhead Utility/Telecom Installation (in addition
to excavation permit fee) $ 5.00 Per 100 L.F.
Obstruction Permit Fee $ 50.00
Permit Extension Fee $ 55.00
Mapping Fee $ 50.00
Delay Penalty (up to 3 days late) $ 60.00
(each day late over 3 days) Plus $IO.OO/Day
Adopted by the City Council of the City of Andover on this 18th day of January,
2000.
ATTEST: CITY OF ANDOVER
-, Victoria V olk, City Clerk J. E. McKelvey, Mayor
, -, /
'\ CITY OF ANDOVER
> COUNTYOFANOKA
STATE OF MINNESOTA
ORDINANCE NO. 247
AN ORDINANCE PROVIDING FOR PUBLIC RIGHT-OF- WAY MANAGEMENT.
The City Council of the City of Andover hereby ordains as follows:
SECTION 1. The Code ofthe City of Andover is hereby amended by providing for a
public right-of-way management.
Article I. Election to Manage Public Right-of- Wav
Sec. 1. Purpose.
The purpose of this Article is to provide an ordinance for the City (a) to manage its public
rights-of-way and to recover its rights-of-way management costs and (b) to regulate the
use of public rights-of-way by providers of telecommunication services, public utility
services, and the like, in a fair, efficient, competitively neutral and substantially uniform
manner, consistent with and to the extent authorized by Minnesota Law, specifically
) Minnesota Statutes, Secs. 237.162, 237.163, 237.79, 237.81 and 238.086 (1997) and
Minnesota Public Utility Commission Rules 7819.0050 through 7819.9950.
Sec. 2. Definitions.
For the purposes of this Article, the following words and phrases shall have the meanings
respectively ascribed to them by this Section.
(a) "Applicant" means any Person requesting permission to Excavate or
Obstruct a Right-of-Way.
(b) "City" means the City of Andover, Minnesota. For purposes of this
Ordinance, City means its elected officials, officers, employees, agents or
any commission, committee or subdivision acting pursuant to lawfully
delegated authority.
(c) "City Cost" means the actual costs incurred by the City for managing
Rights-of-Way including, but not limited to costs associated with
registering of applicants, issuing, processing, and verifying Right-of-Way
Permit applications; revoking Right-of-Way Permits; inspecting job sites;
creating and updating mapping systems; determining the adequacy of
Right-of-Way restoration; restoring work inadequately performed;
, .j . maintaining, supporting, protecting, or moving user equipment during
I
\ Right-of-Way work; budget analysis; record keeping; legal assistance;
j systems analysis; and performing all of the other tasks required by
this Article, including other costs the City may incur in managing the
provisions of this Article except as expressly prohibited by law.
(d) "City Inspector" means any Person authorized by the City to carry out
inspections related to the provisions of this Article.
(e) "Commission" means the State Public Utilities Commission.
(f) "Degradation" means the accelerated depreciation ofthe Right-of-Way
caused by Excavation in or disturbance of the Right-of-Way, resulting in
the need to reconstruct such Right-of-Way earlier than would be required
if the Excavation did not occur, not to exceed the maximum restoration
shown in plates I to 13, set forth in Minnesota Rules parts 7819.9900 to
7819.9950.
(g) "Emergency" means a condition that (a) poses a clear and immediate
danger to life or health, or of a significant loss of property; or (b) requires
irnmediate repair or replacement in order to restore Service to a customer.
(h) "Equipment" means any tangible thing located in any Right-of-Way; but
) shall not include boulevard plantings or gardens planted or maintained in
the Right-of-Way between a Person's property and the street curb.
(i) "Excavate" means to dig into or in any way remove or physically disturb
or penetrate any part of a Right-of-Way.
G) "Excavation Permit" means the Permit which, pursuant to this Article,
must be obtained before a Person may excavate in a Right-of-Way. An
Excavation Permit allows the holder to Excavate that part of the Right-of-
Way described in such Permit.
(k) "Excavation Permit Fee" means money paid to the City by an Applicant
to cover the costs as provided in Section 12.
(I) "High Density Corridor" means a designated portion of the public Right-
of-Way within which Right-of-Way users having multiple and competing
facilities may be required to build and install facilities in a common
conduit system or other common structure.
(m) "Local Representative" means the Person or Persons, or designee of such
Person or Persons, authorized by a Registrant to accept Service and to
make decisions for that Registrant regarding all matters within the scope
'--./ of this Article.
2
(n) "Obstruction Permit" means the Permit which, pursuant to this Article,
) must be obtained before a person may obstruct a Right-of-Way, allowing
the holder to hinder free and open passage over the specified portion of a
Right-of- Way by placing Equipment described therein on the Right-of-
Way for the duration specified therein.
(0) "Obstruction Permit Fee" means money paid to the City by a Registrant
to cover the costs as provided in Section 12.
(P) "Performance and Restoration Bond" means any of the following forms of
security: (1) individual project bond; (2) cash deposit; (3) security in the
form of a listed or approved under Minn. Stat. S 15.73, Subd. 3; (4) letter
of credit in a form acceptable to the City; (5) self insurance in a form
acceptable to the City; (6) blanket bond for projects within the City or
other form of construction bond for time specified in a form acceptable to
the City.
(q) "Permittee" means any Person to whom a Permit to Excavate or Obstruct a
Right-of-Way has been granted by the City under this Article.
(r) "Person" means any natural or corporate Person, business association or
other business entity including, but not limited to, a partnership, a sole
, '\ proprietorship, a political subdivision, a public or private agency of any
)
kind, a utility, a successor or assign of any of the foregoing, or any other
legal entity which has or seeks to have Equipment located in any Right-of-
Way.
(s) "Public Right-of-Way" means the area on, below, or above a public
roadway, highway, street, cartway, bicycle lane and public sidewalk in
which the City has an interest, including other dedicated rights-of-way for
travel purposes and utility easements ofthe City. It shall also include
utility easements along side and rear lot lines. A right-of-way does not
include the airwaves above a right-of-way with regard to cellular or other
nonwire telecommunications or broadcast service.
(t) "Probation" means the status of a Person that has not complied with the
conditions of this Article.
(u) "Probation Period" means one (1) year from the date that a Person has
been notified in writing that they have been put on Probation.
(v) "Registrant" means any Person who (1) has or seeks to have its Equipment
located in any Right-of Way, or (2) in any way occupies or uses, or seeks
to occupy or use, the Right-of-Way or any Equipment located in the Right-
/ of-Way and, accordingly, is required to register with the City.
3
,
/ (w) "Right-of-Way Permit" means either the Excavation Permit or the
Obstruction Permit, or both, depending on the context, required by this
Article.
(x) "Rules" means Rule 7819.0050 through 7819.9950 adopted by the
Commission.
(y) "Telecommunication Right-of-Way User" means a Person owning or
controlling a facility in the Right-of-Way, or seeking to own or control the
same, that is used or is intended to be used for transporting
telecommunication or other voice or data information. For purposes of
this Article, a cable communications system defined and regulated under
Minn. Stat. Chap. 238, and telecommunications activities related to
providing natural gas or electric energy services are not included in this
definition for purposes of this Article. This definition shall not be
inconsistent with Minn. Stat. 9237.162, Subd. 4.
Sec. 3. Administration.
The City may designate a principal City official responsible for the administration of the
Rights-of-Way, Right-of-Way Permits, and the ordinances related thereto. The City may
, , delegate any or all of the duties hereunder.
, )
Sec. 4. Registration, Bonding and Right-of-Wav Occupancy.
Subd. 1. Each Person which occupies, uses, or seeks to occupy or use, the Right-of-
Way or any Equipment located in the Right-of-Way, including by lease, sublease or
assignment, or who has, or seeks to have, Equipment located in any Right-of-Way must
register with the City. Registration will consist of providing application information to
and as required by the City, paying a registration fee, and posting a Performance and
Restoration Bond.
The Performance and Restoration Bond required in this Section, and in Sections 10,
Subd. 2; 13, Subd. 2(b) and Section 32, Subd. l(b)(3) shall be in an amount determined in
the City's sole discretion, sufficient to serve as security for the full and complete
performance of the obligations under this Article, including any costs, expenses,
damages, or loss the City pays or incurs because of any failure to comply with this Article
or any other applicable laws, regulations or standards. During periods of construction,
repair or Restoration of Rights-of-Way or Equipment in Rights-of-Way, the Performance
and Restoration Bond shall be in an amount sufficient to cover 100% of the estimated
cost of such work, as documented by the Person proposing to perform such work, or in
such lesser amount as may be determined by the City, taking into account the amount of
Equipment in the Right-of-Way, the location and method of installation of the
j Equipment, the conflict or interference of such Equipment with the Equipment of other
4
, Persons, and the purposes and policies of this Article. Sixty (60) days after completion of
"-. ./ the work, the Performance and Restoration Bond may be reduced in the sole
determination of the City.
Subd. 2. No person shall construct, install, repair, remove, relocate, or perform any
other work on, or use any Equipment or any part thereoflocated in any Right-of-Way
without first being registered with the City.
Subd. 3. Nothing herein shall be construed to repeal or amend the provisions of a
City ordinance permitting Persons to plant or maintain boulevard plantings or gardens or
in the area of Right-of- Way between their property and the street curb. Persons planting
or maintaining boulevard plantings or gardens shall not be deemed to use or occupy the
Right-of-Way, and shall not be required to obtain any Permits to satisfy any other
requirements for planting or maintaining such boulevard plantings or gardens under this
Article. However, Excavations deeper than 12 inches are subject to the Permit
requirements of Section 9 of this Article.
Sec. 5. Right to Occupv Rights-of- Wav: Pavment of Fees.
Subd. 1. Any Person required to register under Section 3, which occupies, uses, or
places its Equipment in the Right-of-Way, is hereby granted a right to do so if and only
so long as it (1) timely pays all fees as provided herein and (2) complies with all other
~ J requirements of law.
Subd. 2. The grant of right in Section 5 is expressly conditioned on, and is subject
to, the police powers of the City, continuing compliance with all provisions of law now or
hereinafter enacted, including this Article as it may be from time to time amended and,
further, is specifically subject to the obligation to obtain any and all additional required
authorizations, whether from the City or other body or authority.
Sec. 6. Franchise: Franchise Supremacy.
The City may, in addition to the requirements of this Article, require any Person which
has or seeks to have Equipment located in any Right-of-Way to obtain a franchise to the
full extent permitted by law, now or hereinafter enacted. The terms of any franchise
which are in direct conflict with any provisions of this Article, whether granted prior or
subsequent to enactment to this Article (excluding the City's police powers which shall
always be reserved to the City), shall control and supersede the conflicting terms of this
Article provided, however, that requirements relating to insurance, bonds, penalties,
security funds, letters of credit, indemnification or any other security in favor ofthe City
may be cumulative in the sole determination ofthe City or unless otherwise negotiated by
the City and the franchise grantee. All other City or unless otherwise negotiated by the
City and the franchise grantee. All other terms of this Article shall be fully applicable to
all Persons whether franchised or not.
, ,j
5
" Sec. 7. Registration Information.
J
Subd. 1. The information provided to the City at the time of registration shall
include, but not be limited to:
(a) The Registrant's name, Gopher One-Call registration certificate number,
address and e-mail address if applicable, and telephone and facsimile
numbers.
(b) The name, address and e-mail address, if applicable, and telephone and
facsimile numbers of a Local Representative. The Local Representative or
designee shall be available at all times. Current information regarding
how to contact the Local Representative in an Emergency shall be
provided at the time of registration.
(c) A certificate of insurance or self-insurance:
(I) Shall be on a form approved by the City,
(2) Shall verify that an insurance policy has been issued to the
Registrant by an insurance company licensed to do business in the
State of Minnesota; or is covered by self-insurance which the City
\ determines to provide the City with protections equivalent to that
)
of a Minnesota licensed insurance company, legally independent
from Registrant.
(3) Shall verify that the Registrant is insured against claims for
personal injury, including death, as well as claims for property
damage arising out of the (i) use and occupancy of the Right-of-
Way by the Registrant, its officers, agents, employees and
Permittees, and (ii) placement and use of Equipment in the Right-
of-Way by the Registrant, its officers, agents, employees and
Permittees, including, but not limited to, protection against liability
arising from completed operations, damage of underground
Equipment and collapse of property,
(4) Shall name the City as an additional insured as to whom the
coverages required herein are in force and applicable and for whom
defense will be provided as to all such coverages,
(5) Shall require that the City be notified thirty (30) days in advance of
cancellation of the policy, and
(6) Shall indicate comprehensive liability coverage, automobile
/ liability coverage, workers compensation and umbrella coverage in
6
" amounts established by the City of the office of risk and employee
/ benefit management in amounts sufficient to protect the City and
carry out the purposes and policies ofthis Article.
(d) If the Registrant is a corporation, a copy of the certificate required to be
filed under Minn. Stat. S 300.06 (1996) as recorded and certified to by the
Secretary of State.
(e) A copy of the Registrant's certificate of authority from the Minnesota
Public Utilities Commission, where the Registrant is lawfully required to
have such certificate from said Commission.
(f) Such other information as the City may require.
Subd. 2. The Registrant shall keep all of the information listed above current at all
times by providing to the City information of changes within fifteen (15) days following
the date on which the Registrant has knowledge of any change.
Sec. 8. Reporting Obligations.
Subd. 1. Operations. Each Registrant shall, at the time of registration and by
December 1 of each year, file a construction and major maintenance plan with the City.
, , Registrants must use commercially reasonable efforts to anticipate and plan for all
)
upcoming projects and include all such projects in a construction or major maintenance
plan. Such plan shall be submitted using a format designated by the City and shall
contain the information determined by the City to be necessary to facilitate the
coordination and reduction in the frequency of Excavations and Obstructions of Rights-
of-Way.
The plan shall include, but not be limited to, the following information:
(I) the specific locations and the estimated beginning and ending dates of all
Projects to be commenced during the next calendar year (in this Section, a
"Next-year Project"); and
(2) the tentative locations and beginning and ending dates for all Projects
contemplated for the five years following the next calendar year (in this
Section, a "Five-year Project").
The term "Project" in this Section shall include both next-year Projects and Five-year
Projects.
By January 1 of each year the City will have available for inspection in its offices a
composite list of all Projects of which it has been informed in the annual plans. All
- ,
7
" Registrants are responsible for keeping themselves apprised ofthe current status of this
/ list.
Thereafter, by February 1, each Registrant may change any Project in its list of Next-year
Projects, and must notify the City and all other Registrants of all such changes in said list.
Notwithstanding the foregoing, a Registrant may at any time join in a Next-year Project
of another Registrant that was listed by the other Registrant.
Subd. 2. Additional Next-vear Projects. Notwithstanding the foregoing, the City
may, for good cause shown, allow a Registrant to submit additional Next-year Projects.
Good cause includes, but is not limited to, the criteria set forth in Section 30.37, Subd. 3
concerning the discretionary issuance of Permits.
Sec. 9. Permit Requirement.
Except as otherwise provided for in this Code, no Person may Obstruct or Excavate any
Right-of-Way without first having obtained the appropriate Right-of-Way Permit from
the City to do so.
(a) Excavation Permit. An Excavation Permit is required to allow the holder
to Excavate that part of the Right-of-Way described in such Permit and/or
to hinder free and open passage over the specified portion of the Right-of-
\ Way by placing Equipment described therein, to the extent and for the
I
duration specified therein.
(b) Obstruction Permit. An Obstruction Permit is required to allow the
holder to hinder free and pen passage over the specified portion of Right-
of-Way by placing Equipment, vehicles, or other obstructions described
therein on the Right-of-Way for the duration specified therein.
No Person may Excavate or Obstruct the Right-of-Way beyond the date or dates specified
in the Permit unless such person receives (i) a new Permit or a Permit extension is
granted.
Permits issued under this Article shall be conspicuously displayed at all times at the
indicated work site and shall be available for inspection by the City Inspector and
authorized City personnel.
Sec. 10. Permit Applications.
Subd. 1. Application for a Permit is made to the City. Right-of-Way Permit
applications shall contain, and will be considered complete only upon compliance with,
the requirements of the following provisions:
/ (a) Registration with the City pursuant to this Article.
8
,
I (b) Submission of a completed Permit application form, including all required
I
attachments, and scaled drawings showing the location and area of the
proposed project and the location of all existing and proposed Equipment.
(c) Payment of all money due to the City for:
(1) Permit fees and costs due;
(2) prior Obstructions or Excavations;
(3) any loss, damage, or expense suffered by the City as a result of
Applicant's prior Excavations or Obstructions ofthe Rights-of-
Way of any Emergency actions taken by the City; and
(4) franchise fees, if applicable.
Subd. 2. When an Excavation Permit is requested for purposes of installing
additional Equipment, and a Performance and Restoration Bond which is in existence is
insufficient with respect to the additional Equipment in the sole determination of the City,
the Permit applicant may be required by the City to post an additional Performance and
Restoration Bond in accordance with Section 4, Subd. 1.
, .' Sec. 11. Issuance of Permit; Conditions.
Subd. 1. If the City determines that the Applicant has satisfied the requirements of
this Ordinance, the City shall issue a Permit.
Subd. 2. The City may impose any reasonable conditions upon the issuance of a
Permit and the performance ofthe applicant thereunder in order to protect the public
health, safety and welfare, to ensure the structural integrity of the Right-of-Way, to
protect the property and safety of other users of the Right-of-Way, to minimize the
disruption and inconvenience to the traveling public, and to otherwise efficiently manage
use ofthe Right-of-Way.
Sec. 12. Permit Fees.
Subd. 1. Excavation Permit Fee. The Excavation Permit Fee shall be established
by the City in an amount sufficient to recover the following costs:
(1) the City Cost;
(2) the Degradation of the Right-of-Way that will result from the Excavation;
"- _./ (3) Restoration, if done or caused to be done by the City.
9
"
) Subd. 2. Obstruction Permit Fee. The Obstruction Permit Fee shall be established
by the City and shall be in an amount sufficient to recover the City Cost.
Subd. 3. Disruption Fees. The City may establish and impose a disruption fee as a
penalty for unreasonable delays in Excavations, Obstructions, or Restoration. Disruption
Fees will not be imposed if the delay in completion is due to circumstances beyond the
control of the Applicant, including without limitation inclement weather, acts of God or
civil strike.
Subd. 4. Pavment of Permit Fees. No Excavation Permit or Obstruction Permit
shall be issued without payment of all fees required prior to the issuance of such a Permit
unless the Applicant shall agree (in a manner, amount, and substance acceptable to the
City) to pay such fees within thirty (30) days of billing therefor. All Permit fees shall be
doubled during a probationary period. Permit fees that were paid for a Permit which was
revoked for a breach are not refundable. Any refunded Permit Fees shall be less all City
cost up to and including the date of refund.
Subd. 5. Use of Permit Fees. All Obstruction and Excavation Permit Fees shall be
used solely for City management, construction, maintenance and Restoration costs ofthe
Right-of-Way.
" Sec. 13. Right-of-Wav Restoration.
I
J
Subd. 1. The work to be done under the Permit, and the Restoration and the Right-
of-Way as required herein, must be completed within the dates specified in the Permit,
increased by as many days as work could not be done because of circumstances
constituting force majeure or when work was prohibited as unseasonable or unreasonable
under Section 16, Subd. 2 all in the sole determination of the City. In addition to
repairing its own work, the Permittee must restore the general area ofthe work, and the
surrounding areas, including the paving and its foundations, to the same condition that
existed before the commencement of the work and must inspect the area ofthe work and
use reasonable care to maintain the same condition for thirty-six (36) months thereafter.
If a new firm disturbs a work area for which a permit was previously granted, the firm
shall assume responsibility for the restoration work for thirty-six (36) months thereafter.
The City may release the original permit fee.
Subd. 2. In its application for an Excavation Permit, the Permittee may choose to
have the City restore the Right-of-Way. In any event, the City may determine to perform
the Right-of-Way Restoration and shall require the Permittee to pay a Restoration Fee to
provide for reimbursement of all costs associated with such Restoration. In the event
Permittee elects not to perform Restoration, City may, in lieu of performing the
Restoration itself, impose a fee to fully compensate for the resultant Degradation as well
, as for any and all additional City Costs associated therewith. Such fee for Degradation
/ shall compensate the City for costs associated with a decrease in the useful life of the
10
\ Right-of-Way caused by Excavation and shall include a Restoration Fee component.
1 Payment of such fee does not relieve a Permittee from any Restoration obligation. It does
not relieve Permittee from any Restoration Obligation, including but not limited to
replacing and compacting the subgrade base material and the excavation.
(a) City Restoration. If the City restores the Right-of-Way, the Permittee
shall pay the costs thereof within thirty (30) days of billing. If, during the
thirty-six (36) months following such Restoration, the Right-of-Way
settles due to permittee's Excavation or Restoration, the Permittee shall
pay to the City, within thirty (30) days of billing, the cost ofrepairing said
Right-of-Way.
(b) Permittee Restoration. If the Permittee chooses at the time of application
for an Excavation Permit to restore the Right-of-Way itself, such Permittee
shall post an additional performance and Restoration Bond in an amount
determined by the City to be sufficient to cover the cost of restoring the
Right-of-Way to its pre-Excavation condition. If, twenty-four (24) months
after completion of the Restoration of the Right-of-Way, the City
determines that the Right-of-Way has been properly restored, the surety on
the Performance and Restoration Bond posted pursuant to this Subd. 2(b)
shall be released.
\ Subd. 3. The Permittee shall perform the work according to the standards and with
I
the materials specified by the City and in compliance with Minnesota Rule 7819.1100.
The City shall have the authority to prescribe the manner and extent to the Restoration,
and may do so in written procedures of general application or on a case-by-case basis.
The City, in exercising this authority, shall be guided but not limited by the following
standards and considerations:
(a) the number, size, depth and duration of the Excavations, disruptions or
damage to the Right-of-Way;
(b) the traffic volume carried by the Right-of-Way; the character of the
neighborhood surrounding the Right-of-Way;
(c) the pre-excavation condition of the Right-of-Way; the remaining life
expectancy of the Right-of-Way affected by the Excavation;
(d) whether the relative cost of the method of Restoration to the Permittee is
in reasonable balance with the prevention of an accelerated depreciation of
the Right-of-Way that would otherwise result from the Excavation,
disturbance or damage to the Right-of-Way; and
11
" (e) the likelihood that the particular method of Restoration would be effective
I in slowing the depreciation of the Right-of-Way that would otherwise take
place.
Notwithstanding the foregoing, the maximum limits of Restoration Methods and area
requirements the City will impose are found in PUC Plates 1 to 13, shown in parts
7819.9900 to 7819.9950.
Subd. 4. By choosing to restore the Right-of-Way itself, the Permittee guarantees
its work and shall maintain it for thirty-six (36) months following its completion. During
this twenty-four month period it shall, upon notification from the City, correct all
Restoration work to the extent necessary, using the method required by the City. Said
work shall be completed within ten (10) calendar days of the receipt of the notice from
the City, not including days during which work cannot be done because of circumstances
constituting force majeure or days when work is prohibited as unseasonal or unreasonable
under Section 16, Subd. 2 all in the sole determination of the City.
Subd. 5. If the Permittee fails to restore the Right-of-Way in the manner and to the
condition required by the City, or fails to satisfactorily and timely complete all repairs
required by the City, the City at its option may perform or cause to be performed such
work. In that event the Permittee shall pay to the City, within thirty (30) days of billing,
the cost of restoring the Right-of-Way. If Permittee fails to pay as required, the City may
; exercise its rights under the Performance and Restoration Bond.
Sec. 14. Joint Applications.
Subd. 1. Registrants may jointly make application for permits to Excavate or
Obstruct the Right-of-Way at the same place and time.
Subd. 2. Registrants who join in and during a scheduled Obstruction or Excavation
performed by the City, whether or not it is a joint application by two or more Registrants
or a single application, are not required to pay the Obstruction and Degradation portions
ofthe permit Fee.
Subd. 3. Registrants who apply for Permits for the same Obstruction or Excavation,
which is not performed by the City, may share in the payment of the Obstruction or
Excavation Permit Fee. Registrants must agree among themselves as to the portion each
will pay and indicate the same on their applications.
Sec. 15. Supplementary Applications.
Subd. 1. A Right-of-Way Permit is valid only for the area of the Right-of-Way
specified in the Permit. No Permittee may perform any work outside the area specified in
the Permit, except as provided herein. Any Permittee which determines that an area
) greater than that specified in the Permit must be Obstructed or Excavated must before
12
working in that greater area (i) make application for a permit extension and pay any
1 additional fees necessitated thereby, and (ii) be granted a new Permit or Permit extension.
Subd. 2. A Right-of-Way Permit is valid only for the dates specified in the permit.
No Permittee may begin its work before the Permit start date or, except as provided
herein, continue working after the end date. If a Permittee does not finish the work by the
Permit end date, it must make application for a new Permit for the additional time it
needs, and receive the new Permit or an extension of the old Permit before working after
the end date of the previous Permit. This Supplementary Application must be done
before the Permit end date.
Sec. 16. Other Obligations.
Subd. 1. Obtaining a Right-of-Way Permit does not relieve Permittee of its duty to
obtain all other necessary Permits, licenses, franchises or other authorizations and to pay
all fees required by the City, any other city, County, State or Federal rules, laws or
regulations. A Permittee shall comply with all requirements of local, state and federal
laws, including Minn. Stat. 99 216D.OI-09 ("One Call Excavation Notice System"). A
permittee shall perform all work in conformance with all applicable codes and established
rules and regulations, and is responsible for all work done in the Right-of-Way pursuant
to its Permit, regardless of who performs the work.
j Subd. 2. Except in the case of an Emergency, and with the approval of the City, no
Right-of-Way Obstruction or Excavation may be performed when seasonally prohibited
or when conditions are unreasonable for such work.
Subd. 3. A Permittee shall not so obstruct a Right-of-Way that the natural free and
clear passage of water through the gutters or other waterways shall be interfered with.
Private vehicles cannot be parked with or adjacent to the Permit area. The loading or
unloading of trucks adjacent to a Permit area is prohibited unless specifically authorized
by the Permit.
Sec. 17. Denial of Permit.
The City may, in accordance with Minn. Stat. 9237.163, Subd. 4, deny any application
for a Permit as provided in this Section.
Subd. 1. Mandatorv Denial. Except in the case of an Emergency, no Right-of-Way
Permit will be granted:
(a) To any Person required by Section 3 to be registered who has not done so;
(b) To any Person required by Section 8 to file an annual report but has failed
to do so;
/
13
, (c) For any Next-year Project not listed in the construction and major
) maintenance plan required under Section 8 unless the Person used
j
commercially reasonable efforts to anticipate and plan for the project;
(d) For any project which requires the Excavation of any portion of a Right-
of- Way which was constructed or reconstructed within the preceding five
(5) years.
(e) To any Person who has failed within the past three (3) years to comply, or
is presently not in full compliance, with the requirements of this Article;
(f) To any Person as to whom there exists grounds for the revocation of a
Permit under Section 22; and
(g) If, in the sole discretion of the City, the issuance of a Permit for the
particular date and/or time would cause a conflict or interfere with an
exhibition, celebration, festival, or any other event. The City, in
exercising this discretion, shall be guided by the safety and convenience of
ordinary travel of the public over the Right-of-Way, and by considerations
relating to the public health, safety and welfare.
Subd. 2. Permissive Denial. The City may deny a Permit in order to protect the
" '\ public health, safety and welfare, to protect interference with the safety and convenience
\ / of ordinary travel over the Right-of-Way, or when necessary to protect the Right-of-Way
and its users. The City may consider one or more of the following factors:
(a) the extent to which Right-of-Way space where the Permit is sought is
available;
(b) the competing demands for the particular space in the Right-of-Way;
(c) the availability of other locations in the Right-of-Way or in other Rights-
of-Way for the Equipment of the Permit Applicant;
(d) the applicability of ordinance or other regulations of the Right-of-Way that
affect location of Equipment in the Right-of-Way;
(e) the degree of compliance of the Applicant with the terms and conditions of
its franchise; if any, this Article, and other applicable ordinances and
regulations;
(f) the degree of disruption to surrounding communities and businesses that
will result from the use of that part of the Right-of-Way;
,
j
14
... (g) the condition and age of the Right-of-Way, and whether and when it is
- ~ scheduled for total or partial reconstruction; and
(h) the balancing of the costs of disruption to the public and damage to the
Right-of- Way, against the benefits to that part of the public served by the
expansion into additional parts ofthe Right-of-Way.
Subd. 3. Discretionarv Issuance. Notwithstanding the provisions of Section 17,
Subd. 1 (c), and (d) above, the City may issue a Permit in any case where the Permit is
necessary (a) to prevent substantial economic hardship to a customer of the Permit
Applicant, or (b) to allow such customer to materially improve its Utility Service, or (c)
to allow a new economic development project; and where the Permit Applicant did not
have knowledge of the hardship, the plans for improvement of Service, or the
development project when said Applicant was required to submit its list of Next-year
Projects.
Subd. 4. Permits for Additional Next-year Projects. Notwithstanding the
provisions of Section 17, Subd. 1 (c) above, the City may issue a Permit to a Registrant
who was allowed under Section 18, Subd. 2 to submit an additional Next-year Project, or
in the event the Registrant demonstrates that it used commercially reasonable efforts to
anticipate and plan for the project, such Permit to be subject to all other conditions and
requirements of law, including such conditions as may be imposed under Section 11,
\ Subd. 2.
I
Sec. 18. Installation Requirements.
In accordance with Minn. Stat. SS 237.162, Subd. 8(3); 237.163, Subd. 8; and the
Commission Rules, all work performed in the Right-of-Way shall be done in
conformance with the "Standard Specifications for Street openings" as promulgated by
the City and at a location as may be required by Section 25, Subd. 2. The City may
enforce local standards pursuant to its inherent and historical police power authority, so
long as such standards do not impose greater requirements than those found in the
Cornmission Rules.
Sec. 19. Inspection.
Subd. 1. When the work under any Permit hereunder is completed, the Permittee
shall notify the City.
Subd. 2. Permittee shall make the work-site available to the City Inspector and to
all others as authorized by law for inspection at all reasonable times during the execution
and upon completion of work.
\ Subd. 3. At the time of inspection the City Inspector may order the immediate
J cessation of any work which poses a serious threat to the life, health, safety or well-being
15
. of the public. The City Inspector may issue an order to the Registrant for any work which
'-j does not conform to the applicable standards, conditions or codes. The order shall state
that failure to correct the violation will be cause for revocation of the Permit. Within ten
(10) days after issuance ofthe order, the Registrant shall present proof to the City that the
violation has been corrected. If such proof has not been presented within the required
time, the City may revoke the Permit pursuant to Section 22.
Sec. 20. Work Done Without a Permit.
Subd. 1. Emergencv Situations.
Each registrant shall immediately notify the City or the City's designee of any event
regarding its Equipment which it considers to be an Emergency. The Registrant may
proceed to take whatever actions are necessary in order to respond to the Emergency.
Within three (3) business days after the occurrence of the Emergency, the Registrant shall
apply for the necessary Permits, pay the fees associated therewith and fulfill the rest of
the requirements necessary to bring itself into compliance with this Article for the actions
it took in response to the Emergency.
In the event that the City becomes aware of an Emergency regarding a Registrant's
Equipment, the City will attempt to contact the Local Representative of each Registrant
affected, or potentially affected, by the Emergency. In any event, the City may take
'\ whatever action it deems necessary in order to respond to the emergency, the cost of
\.'- _/ which shall be borne by the Registrant whose Equipment occasioned the Emergency.
Subd. 2. Non-Emergency Situations.
Except in the case of an Emergency, any Person who, without first having obtained the
necessary Permit, Obstructs or Evacuate a Right-of-Way must subsequently obtain a
Permit, pay double the normal fee for said Permit, pay double all the other fees required
by City ordinance, including, but not limited to, criminal fines and penalties, deposit with
the City the fees necessary to correct any damage to the Right-of-Way and comply with
all of the requirements ofthis Article.
Sec. 21. Supplementarv Notification.
If the Obstruction or Evacuation of the Right-of-Way begins later or ends sooner than the
date given on the Permit, Permittee shall notify the City of the accurate information as
soon as this information is known.
Sec. 22. Revocation of Permits.
Subd. 1. Registrants hold Permits issued pursuant to this Code as a privilege and
'\ not as a right. The City reserves its right, as provided herein and in accordance with
, Minn. Stat. ~ 237.163, Subd. 4, to revoke any Right-of-Way Permit, without fee refund,
16
\ in the event ofa substantial breach of the terms and conditions of any statute, ordinance,
; rule or regulation, or any condition of the Permit. A substantial breach by Permittee shall
include, but shall not be limited to, the following:
(a) The violation of any material provision of the Right-of-Way Permit;
(b) An evasion or attempt to evade any material provision of the Right-of-
Way Permit, or the perpetration or attempt to perpetrate any fraud or
deceit upon the City or its citizens;
(c) Any material misrepresentation of fact in the application for a Right-of-
Way Permit;
(d) The failure to maintain the required bonds and/or insurance;
(e) The failure to complete the work in a timely manner; or
(t) The failure to correct a condition indicated on an order issued pursuant to
Section 19, Subd. 3.
Subd. 2. If the City determines that the Permittee has committed a substantial
breach of a term or condition of any statute, ordinance, rule, regulation or any condition
"- of the Permit, the City shall make a written demand upon the Permittee to remedy such
, violation. The demand shall state that continued violations may be cause for revocation
of the Permit. Further, a substantial breach, as stated above, will allow the City, at the
City's discretion, to place additional or revised conditions on the Permit.
Subd. 3. Within three (3) business days of receiving notification of the breach,
Permittee shall contact the City with a plan, acceptable to the City Inspector, for its
correction. Permittee's failure to so contact the City Inspector, the Permittee's failure to
submit an acceptable plan, or the Permittee's failure to reasonable implement the
approved plan shall be cause for immediate revocation of the Permit. Further,
Permittee's failure to so contact the City Inspector, or the Permittee's failure to submit an
acceptable plan, or Permittee's failure to reasonably implement the approved plan shall
automatically place the Permittee on Probation for one (I) full year.
Subd. 4. From time to time, the City may establish a list of conditions of the Permit
which, if breached, will automatically place the Permittee on Probation for one (1) full
year, such as, but not limited to, working out of the allotted time period or working on
Right-of-Way outside of the Permit.
Subd. 5. If a Permittee, while on Probation, commits a breach as outlined above,
Permittee's Permit will automatically be revoked and Permittee will not be allowed
, further permits for one (1) full year, except for Emergency repairs.
, -'
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17
Subd. 6. If a permit is revoked, the Permittee shall also reimburse the City for the
./ City's reasonable costs, including Restoration costs and the costs of collection and
reasonable attorneys' fees incurred in connection with such revocation.
Sec. 23. Appeals.
Subd. 1. A Person that:
(a) has been denied Registration
(b) has been denied a Right-of-Way Permit;
(c) has had its Right-of-Way Permit revoked; or
(d) believes that the fees imposed on the user by the City do not
conform to the requirements oflaw,
(e) believes that conditions imposed are arbitrary or capricious
may have the denial, revocation, or fee imposition reviewed, upon written request, by the
City Council. The City Council shall act on a timely written request at its next regularly
scheduled meeting. A decision by the City Council affirming the denial, revocation, or
fee imposition must be in writing and supported by written findings establishing the
I reasonableness of the decision.
Subd. 2. Upon affirmation by the City Council of the denial, revocation, or fee
imposition, the Right-of-Way user shall have the right to have the matter resolved by
binding arbitration. Binding arbitration must be before an arbitrator agreed to by both the
City and the Person. If the parties cannot agree on an arbitrator, the matter must be
resolved by a three-person arbitration panel made up of one arbitrator selected by the
City, one arbitrator selected by the Person, and one arbitrator selected by the other two
arbitrators. The costs and fees of a single arbitrator shall be borne equally by the city and
the Person. In the event there are three arbitrators, each party shall bear the expense of its
own arbitrator and shall jointly and equally bear with the other party the expense of the
third arbitrator and of the arbitration.
Subd. 3. Each party to the arbitration shall pay its own costs, disbursements, and
attorney fees.
Sec. 24. Mapping Data.
Subd. 1. Except as provided in Subd. 2 of this Section, each Registrant shall
provide as a part of its Permit Applicant the following information:
'j
18
" (a) Location and approximate depth of Applicant's mains, cables, conduits,
) switches, and related equipment and facilities with the location based on:
(i) Offsets from the property lines, distances from the centerline to the
public Right-of-Way, and curb lines as determined by the City.
(ii) Coordinates derived from the coordinates system being used by the
City or
(iii) Any other system agreed upon by the Applicant and the City.
(b) Type and size of the utility facility.
(c) Description showing above ground appurtenances.
(d) A legend explaining symbols, characters, abbreviations, scale and other
data shown on the map; and
(e) Any facilities to be abandoned, if applicable, in conformance with Minn.
Stat. S 216D.04, Subd. 3.
The Applicant shall provide the City information Mapping Data shall be provided with
"- specificity and in the format requested by the City for inclusion in the mapping system
'- I
used by the City. If such format is different from what is currently utilized and
maintained by the Registration, the Registrant may provide such information in the
format that they currently are utilizing. The Permit application fee may include the cost
to convert the data furnished by the Applicant to a format currently in use by the City.
Subd. 2. Information regarding Equipment of Telecommunications Right-of-Way
Users constructed or located prior to May 10, 1997, need only be supplied in the form
maintained, however, all Telecommunications Right-of-Way Users must submit some
type of documentary evidence regarding the location of Equipment within the Rights-of-
Way of the City.
Subd. 3. At the request of any Registrant, any information requested by the City,
which qualifies as a "trade-secret" under Minn. Stat. S 13.37 (b) shall be treated as trade
secret information as detailed therein. With respect to the provision of Mapping Data, the
City may consider unique circumstances from time to time required to obtain Mapping
Data.
Sec. 25. Location of Equipment.
Subd. 1. Undergrounding. Unless otherwise permitted by an existing franchise or
, Minnesota statue 2168.34, or unless existing above-ground Equipment is repaired or
, / replaced, or unless infeasible such as in the provision of electric service at certain
19
voltages, new construction, the installation of new Equipment, and the replacement of old
, Equipment shall be done underground or contained within buildings or other structures in
j
conformity with applicable codes unless otherwise agreed to by the City in writing, and
such agreement is reflected in applicable Permits.
Subd. 2. High Density Corridor. The City may assign specific high density
corridors within the Right-of-Way or any particular segment therefore as may be
necessary for each type of equipment that is or, pursuant to current technology, the City
expects will someday be located within the Right-of-Way, Excavation, Obstruction, or
other Permits issued by the city involving the installation or replacement of Equipment
may designate the proper corridor for the equipment at issue and such Equipment must be
located accordingly.
In the event the City desires to establish a high density corridor, it shall include the
elements required in Commission Rule 781.90200.
Any Registrant whose Equipment is located prior to enactment of this Article in the
Right-of-Way in a position at variance with the corridors established by the City shall, no
later than at the time ofthe next reconstruction or Excavation of the area where its
Equipment is located, move that Equipment to its assigned position within the Right-of-
Way, unless this requirement is waived by the City for good cause shown, upon
consideration of such factors as the remaining economic life of the facilities, public
safety, customer service needs and hardship to the Registrant.
, '\
'- )
Subd. 3. Nuisance. One year after the passage of this ordinance, any equipment
found in a Right-of-Way that has not been registered shall be deemed to be a nuisance.
The City may exercise any remedies or rights it has at law or in equity, including, but not
limited to, abating the nuisance or taking possession ofthe Equipment and restoring the
Right-of-Way to a useable condition.
Subd. 4. Limitation of Space. To protect health, safety and welfare, the City shall
have the power to prohibit or limit the placement of new or additional Equipment within
the Right-of-Way ifthere is insufficient space to accommodate all of the requests of
Registrants or Persons to occupy and use the Right-of-Way. In making such decisions,
the City shall strive to the extent possible to accommodate all existing and potential users
of the Right-of-Way, but shall be guided primarily by considerations of the public
interest, the public's needs for the particular Service, the condition of the Right-of-Way,
the time of year with respect to essential utilities, the protection of existing Equipment in
the Right-of-Way, and future City plans for public improvements and development
projects which have been determined to be in the public interest.
Sec. 26. Relocation of Equipment.
The Person must promptly and at its own expense, with due regard for seasonal working
conditions, permanently remove and relocate its Equipment and facilities in the Right-of-
, j Way whenever the City requests such removal and relocation, and shall restore the Right-
20
of-Way to the same condition it was in prior to said removal or relocation. The City may
-I take such requests in order to prevent interference by the Company's Equipment or
facilities with (i) a present or future City use of the Right-of-Way for a public project, (ii)
the public health or safety; (iii) the safety and convenience or travel over the Right-of-
Way. The City shall pay all costs for moves not associated with substantial City projects
within the right-of-way within the next six months.
Sec. 27. Pre-Excavation Equipment Location.
In addition to complying with the requirements of Minn. Stat. S S 216D..OI-09 ("One
Call Excavation Notice System") before the start date of any Right-of-Way Excavation,
each Registrant who has Equipment located in the area to be Excavated shall mark the
horizontal and approximate vertical placement of all said Equipment. Any Registrant
whose Equipment is less than twenty (20) inches below a concrete or asphalt surface shall
notify and work closely with the Excavation contractor in an effort to establish the exact
location of its Equipment and the best procedures for Excavation.
Sec. 28. Damage to Other Equipment.
When the City does work in the Right-of-Way and finds it necessary to maintain, support
or move a Registrant's facilities to protect it, the City shall notify the Local
Representative as early as is reasonably possible. Should the Registrant fail to respond in
" a timely manner to move or support the facility in question, the costs associated
)
therewith with the City moving or supporting the facility will be billed to the Registrant
and must be paid within thirty (30) days from the date of billing.
Each Registrant shall be responsible for the cost of repairing any facilities in the Right-of-
Way which it or its facilities damages. Each Registrant shall be responsible for the cost
or repairing any damage to the facilities of another Registrant caused during the City's
response to an Emergency occasioned by the Registrant's facilities.
Sec. 29. Right-of-Way Vacation.
Subd. 1. If the City vacates a Right-of-Way which contains the facilities of a
Registrant, the registrant's rights in the vacated right-of-way are governed by Minnesota
Rules 7819.3200.
Subd. 2. If the vacation requires the relocation of Registrant or Permittee
Equipment and: (a) if the vacation proceedings are initiated by the Registrant or
Permittee, the Registrant of Permittee must pay the relocation costs; or (b) if the vacation
proceedings are initiated by a Person or Persons other than the Registrant or Permittee,
such other Person or Persons must pay the relocation costs.
>
21
, Sec. 30. Indemnification and Liability.
,/
Subd. 1. By reason of the acceptance of a registration or the grant of a Right-of-
Way Permit, the City does not assume any liability: (a) for injuries to Persons, damage to
property, or loss of Service claims by parties other than the Registrant or the City; or (b)
for claims or penalties or any sort resulting from the installation, presence, maintenance,
or operation of Equipment by Registrants or activities of Registrants.
Subd. 2. By registering with the City, or by accepting a Permit under this
Ordinance, a Registrant or Permittee agrees to defend and indemnify the City in
accordance with the provisions of Minnesota Rules 7819.1250.
Sec. 31. Future Uses.
In placing any Equipment, or allowing it to be placed, in the Right-of-Way the City is not
liable for any damages caused thereby to any Registrant's Equipment which is already in
place. No Registrant is entitled to rely on the provisions of this Article, and no special
duty is created as to any Registrant. This Article is enacted to protect the general health,
welfare and safety of the public at large.
Sec. 32. Abandoned and Unusable Equipment.
, A Registrant who has determined to discontinue its operations with respect
, Subd. 1.
j
to any Equipment in any Right-of-Way, or segment or portion thereof, in the City must
either.
(a) Provide information satisfactory to the City that the Registrant's
obligations for its Equipment in the Right-of-Way under this
Article have been lawfully assumed by another Registrant; or
(b) Submit to the City a proposal and instruments for transferring
ownership of its Equipment to the City. If a Registrant proceeds
under this clause, the City may, at its option:
(I) purchase the Equipment, or
(2) require the Registrant, at its own expense, to remove it, or
(3) require the Registrant to post an additional bond or an
increased bond amount sufficient to reimburse the City of
reasonably anticipated costs to be incurred in removing the
Equipment.
Subd. 2. Equipment of a Registrant which fails to comply with the preceding
/ paragraph and which, for two (2) years, remains unused shall be deemed to be abandoned.
22
\ Abandoned Equipment is deemed to be a nuisance. The City may exercise any remedies
/ or rights it has at law or in equity, including, but not limited to, (i) abating the nuisance,
(ii) taking possession of the Equipment and restoring it to a useable condition, (iii)
requiring removal of the Equipment by the Registrant or by the Registrant's surety; or
(iv) exercising its rights pursuant to the Performance and Restoration Bond.
Subd. 3. Any Registrant who has unusable Equipment in any Right-of-Way shall
remove it from the Right-of-Way during the next scheduled Excavation, unless this
requirement is waived by the City.
Sec. 33. Reservation of Regulatorv and Police Powers.
The City by the granting ofa Right-of-Way Permit, or by registering, a Person under this
Article does not surrender or to any extent lose, waive, impair, or lessen the lawful
powers and rights, which it has now or may be hereafter vested in the City under
Construction and statutes of the State of Minnesota or the Charter of the City to regulate
the use ofthe Right-of-Way by the Permittee; and the Permittee by its acceptance of a
Right-of-Way Permit or of registration under those ordinances agrees that all lawful
powers and rights, regulatory power, or police power, or otherwise as are or the same
may be from time to time vested in or reserved to the City, shall be in full force and effect
and subject to the exercise thereof by the City at any time. A Permittee or Registrant is
deemed to acknowledge that its rights are subject to the regulatory and police powers of
I the City to adopt and enforce general ordinances necessary to the safety and welfare of
the public deemed to agree to comply with all applicable general laws and ordinances
enacted by the City pursuant to such powers.
Any conflict between the provisions of a registration or of a Right-of-Way Permit and
any other present or future exercise of the City's regulatory or police powers shall be
resolved in favor of the latter.
Sec. 34. Severabilitv.
If any Section, subsection, sentence, clause, phrase, or portion of this Article is for any
reason held invalid or unconstitutional by any court or administrative agency of
competent jurisdiction, such portion shall be deemed a separate, distinct, and independent
provision and such holding shall not affect the validity of the remaining portions thereof.
If a regulatory body or a court of competent jurisdiction should determine by a final, non-
appealable order that any Permit, right or registration issued under this Article or any
portion of this Article is illegal or unenforceable, then any such Permit, right or
registration granted or deemed to exist thereunder shall be considered as a revocable
Permit with a mutual right in either party to terminate without cause upon giving sixty
(60) days written notice to the other. The requirements and conditions of such a
revocable Permit shall be the same requirements and conditions as set forth in the Permit,
right or registration, respectively, except for conditions relating to the term of the Permit
/ and the right of termination. If a Permit, right or registration shall be considered a
23
\ revocable permit as provided herein, the Permittee must acknowledge the authority of the
/ City Council to issue such revocable permit and the power to revoke it. Nothing in this
Article precludes the City from requiring a franchise agreement with the Applicant, as
allowed by law, in addition to requirements set forth herein.
Sec. 35. Non-Exclusive Remedv.
The remedies provided in this Article and other Articles in the City Code are not
exclusive or in lieu of other rights and remedies that the City may have at law or in
equity. The City is hereby authorized to seek legal and equitable relief for actual or
threatened injury to the public Right-of-Way, including damages to the Rights-of-Way,
whether or not caused by a violation of any of the provisions of this Article or other
provisions of the City.
Sec. 36. Effective Date.
This ordinance shall become effective March 6, 2000.
Adopted by the City Council on this 18th day of Januarv, 2000.
ATTEST: CITY OF ANDOVER:
\
)
Victoria V olk, City Clerk 1. E. McKelvey, Mayor
/
24
(~ CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
; " ~ ~I
'- ) DATE: January 18. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item Todd Haas~
Parks
ITEM NO.
Approve Application for Use of Shelter at Sunshine Park
tD.
The City Council is requested to approve the application for temporary use of picnic shelter at
Sunshine Park as requested by the Park and Recreation Commission.
"
\ , / )
"
)
APPLICATION FOR TEMPORARY USE OF PICNIC SHELTER AT SUNSHINE PARK
TYPE OF USE APPLYING FOR:
o General Recreational
o Association Estimated # in Group
'\ o Tournament
\ ~ ) o Special Event
APPLICANT INFORMATION
APPLICANTS NAME: PHONE:DAY
EVENING
APPLICANTS ADDRESS: CITY:
APPLICANT IS REPRESENTING: (CIRCLE ONE) BUSINESS CIVIC/ASSOC. GOVT. PRIVATE
NAME OF GROUP/ORGANIZATION/AGENCY/BUSINESS:
Profit Status: Non-Profit - Profit - ARE YOU COVERED BY LIABILITY INSURANCE? Yes - No
PARK INFORMATION
Day of Week (Circle) Sun Mon Tue Wed Thu Fri Sat Year:
Months (Circle) Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec
Dates: - - - - - - - - - - - -
(List under month)
'\ - - - - - - - - - - - -
,-)
- - - - - - - - - - - -
Time: From: A.M. P.M. To: A.M. P.M.
(Select 4 hr. timeframe)
APPLICANTS RESPONSIBILITY
I have reviewed the regulations and ordinances governing the use of this application, In understand these items, including procedures,
liabilities and responsibilities assumed by me, I understand I am assuming full responsibility for the park facility I am requesting, even if I
represent an organization. I understand this is only an application for use providing me with no assumed or implied rights for use until written
approval is received, I also understand that alcohol or non-intoxicating liquor is not permitted in the park and shelter area unless a non-
intoxicating liquor license is applied for and approved by the City Council.
Specifically and without limiting the generality of the foregoing, the undersigned hereby agrees to save, defend and hold harmless the City for
any damages to City personnel, facilities, equipment of other City property, or to the property and/or person or any third party, resulting from
the use herein applies for. The undersigned understands the City will not be liable for damage to property of any person participating in
activities applied for herein, nor shall it be liable for death or injury of any such person occurring in result from use of the facilities as applied
for herein,
In accordance with the Minnesota Government Data Practices Act, the City of Andover hereby informs you that some or all information you
are asked to provide is classified as private. Private data is available to you and to the City staff who require it in the performance of their
duties, but not to the public. The remainder of the information, including telephone numbers, is classified as public, and is available to the
public. This information will be used to process your application for request or permit. You may choose to withhold this information, however
if you do, the City of Andover may not be able to process your application for the request or permit.
Signature of Applicant: Date:
'. OFFICE USE ONLY
, ) SPECIAL EVENT PERMIT PARK RESERVATION PERMIT
-
Date: Received By Approved Disapproved Permit Issued
Key(s) Issued Key Number/Letter Deposit Fee User Fee
CITY OF ANDOVER
PARKS AND RECREATION
\ GUIDELINES FOR PARK PICNIC SHELTER RESERVATIONS AT SUNSHINE PARK
I
, j
WHO MAY APPLY
Picnic shelter reservations can only be accepted from a resident of the City or a business, school or
civic/association group located within or serving the City. Use of the shelters must be for a non-profit
function and be consistent with the Rules and Regulations adopted by the City in regard to usage in the
park.
RESERVATION FEES
Reserving use of a picnic shelter provides your group with exclusive use of a public facility. A fee,
therefore, will apply to all picnic shelter reservations.
FEE PER 4 HOUR PERIOD CLEAN-UP/DAMAGE DEPOSIT
$25.00 $100.00
FACILITIES AVAILABLE
1. One 45' diameter picnic shelter. The shelter is located next to the north parking lot along
Crosstown Boulevard.
'\ 2. Electrical outlets are available at the shelter.
/ 3. A drinking fountain is located at the concession building near the 4 ball fields which is located
directly west of shelter.
4. A portable toilet is available in the vicinity of the shelter.
5. There are permanent grills available at the shelter. Groups will need to bring in their own charcoal.
6. Picnic tables are mounted permanently.
7. Use of the softball fields must be scheduled through the Park and Recreation Commission.
8. Pay phone is located at City Hall or the concession building.
9. The nearest hospital is Mercy, located in Coon Rapids, located at 4050 Coon Rapids Boulevard.
Phone: 421-8888.
OTHER GENERAL RULES IN REGARDS TO THE SHELTER AND PARK AREA
1. No alcoholic beverages are permitted at the park without an additional permit.
2. No pets are allowed at the park.
3. All charcoal must be left extinguished
4. All garbage and debris is to be picked up around the shelter area.
5. Tables are to be wiped clean after use of shelter.
/
(~) CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
. \ ~ ~
I DATE: Januarv 18. 2000
'_J
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item Todd Haas~
Parks
ITEM NO.
Approve Resolution Establishing 2000 User Fees for Shelter at Sunshine Park
l\.
The City Council is requested to approve the resolution establishing 2000 use fees for the
shelter at Sunshine Park as recommended by the Park and Recreation Commission.
'- /
,
,
, /
, "
'-~)
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
A RESOLUTION ESTABLISHING 2000 USER FEES FOR THE USE OF PICNIC SHELTER AT
SUNSHINE PARK WITHIN THE CITY OF ANDOVER.
The City Council of the City of Andover hereby ordains:
The following fees are hereby established:
Tvpe of Fee Fee - Plat Rate
Use of Picnic Shelter $25 per 4 Hour Period
Adopted by the City Council of the City of Andover this 18th day of Januarv , 2000.
,
\ ) CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
Victoria Volk - City Clerk
\
, )
(~) CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
, ~ ~
'- ) DATE: January 18. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item Todd Haas, ~
ITEM NO. Engineering
IJ..APprove Change Order #1/99-21/Sunshine Park Shelter
The City Council is requested to approve the resolution for Change Order #1 for Project 99-21,
Sunshine Park Shelter as recommended by the Park and Recreation Commission.
The change order is necessary due to the manufacturing of the shelter. See attached letter
from Odland Construction, Inc.
The proposed completion date is May 19, 2000.
"
, )
, )
- ,
,
'. j
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember to adopt the following:
A RESOLUTION APPROVING CHANGE ORDER #--1.. TO PROJECT NO. 99-21,
SUNSHINE PARK SHELTER.
WHEREAS, the City of Andover has a contract for Project No. 99-21 with
Odland Construction. Inc. of Stillwater. MN
NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to
hereby approve the change order to Project No. 99-21.
MOTION seconded by Councilmember and adopted by the
, City Council at a reqular meeting this 18th day of Januarv ,2000,
J
with Councilmembers voting in
favor of the resolution, and Councilmembers
voting against, whereupon said resolution was passed.
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
Victoria Volk - City Clerk
, , ,
I
1 CHANGE ORDER
CITY OF ANDOVER
Andover, MN Januarv 18 ,2000. Change Order No.-1...
To Odland Construction. Inc.
For Proiect 99-21. Sunshine Park Shelter
For Citv of Andover
You are hereby directed to make the following change to your contract dated
Auqust 17 ,19.JliL. The change and the work affected thereby is subject to all
contract stipulations and covenants. This change order will (inerease) (deorease)
(no change) the contract sum by Zero Dollars ($0.00).
This change order provides for the following extra work:
, Revised completion from October 30, 1999 to May 19, 2000. The contractor was
) delayed due to the manufactu'ring of the shelter through St. Croix Recreation
Company, Inc.
Approval Citv of Andover Approval Odland Construction. Inc.
Contractor
By By
Asst. City Engineer Date Date
Jan. 4 '20 10:21 ~;::,x P. 2
,- .- .
(
ODLAND CONSTRUCTION
J - vtlftftJl COIf/fl1t/ors -
10066 65th Street North. Stillwater. Minnesota 55082
r;5( 777.7661
fo <7\ \1C1""'l<a8lP (::'~ Date: 0 \ /~ z,c:c:o
To:
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~~~ c;V\,)S~IN.'C- l>A'2U.. S~~Q./i'Qo ~c:u;r qC\-'Z.\
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- -- -
JAN 04 '00 09:?~
CITY OF ANDOVER
i REQUEST FOR COUNCIL ACTION
" J
DATE: January 18, 2000
AGENDA SECTION
ORIGINATING
DEPARTMENT
Non-Discussion/Consent Item Finance
Jim Dickinson
ITEM NO.
u13date Sunshine Park Concessions
I, .
Backl!round:
The Park and Recreation Commission discussed the Sunshine Park concessions at their January 6, 2000 meeting.
Discussions were over a letter dated December 15,1999 from Corey Coons ofC & H Enterprises requesting the
City of Andover to consider a new contract for a three the period. Mr. Coons indicated that he would be willing
to spend additional money to add more concession items if a longer term contract were in place.
Consensus of the Park commission was to have the Finance Director draft an agreement which would address the
r \ rate change for each year and the cleaning ofthe shelter and restrooms, and then present the agreement to the
\ . ) commission at the first meeting in February.
-
Mr. Coons has been contacted and a contract is currently being negotiated. It is anticipated that a draft will be '
presented to the Parks Commission yet in January.
\
'- ./
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
-' DATE: lanuary 18. 2000
AGENDA SECTION
ORIGINATING
DEPARTMENT
Discussion Finance
Jim Dickinson
ITEM NO.
Security for Parks proposal
Ii.
Backl!round:
The City Council was in favor of providing security for the Parks, but did not elect to set a fee to
organizations to pay for the service in 2000. Council discussions indicated that they wanted to see
what the true cost of providing the service would be (somewhere between $5,000 to $10,000) and
then factor the cost into the 2001 Parks and Recreation Budget with the possibility of charging
fees at that time.
The Anoka County Sheriffs Office calculated the cost of providing security coverage for
'\ Sunshine Park and City Hall complexes for 22 weeks and an average of 24 hours per week. Their
'- ) proposed cost for the service is $8,007.60. Since the expenditure for "Security for the Parks"
was not included in the 2000 Operating Budget, the funding would have to come from General
Fund reserves.
In an effort to stay within the 2000 Operating Budget the City Council is requested to consider
utilizing the current Law Enforcement Contract and provide the security for the parks through
utilization of a current Community Service Officer (CSO). The proposal would be to use the
CSO to perform "directed patrols" in the parks as directed.
The proposal would allow the Council the opportunity to evaluate with little or no additional cost.
We can evaluate the results to see if this is an initiative the Council would like to pursue in 2001,
and then budget accordingly.
1
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
,
, / DATE: Januarv 18. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Items Todd Haas, ~
Engineering
ITEM NO.
equest Speed Study/Bunker Lake Blvd. NW
The City Council is requested to a approve a request to the Anoka County Highway
Department for a speed study for Bunker Lake Boulevard between Hanson Boulevard NW and
the City of Ham Lake.
The existing speed limit is 55 MPH in Andover east of Hanson Boulevard. The existing speed
limit in Ham Lake between the City of Andover and State Highway 65 is 50 MPH. The City of
Ham Lake has already requested the Anoka County Highway department to do a speed study
along that section of Bunker Lake Boulevard.
r '\ This request is being made by staff due to a couple of residents requesting the lowering of the
, I speed limit.
1
", /
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
\
~. - ./ DATE: January 18. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item Todd Haas,
Engineering /'
ITEM NO.
Accept Petition/Order Feasibility Report!
\ 0,0-1/3148 Bunker Lake Boulevard NW/WM
The City Council is requested to approve the resolution declaring adequacy of petition and
ordering preparation of a feasibility report for the improvement of watermain for Project 00-1, in
the area of 3148 Bunker Lake Boulevard NW.
/" '\
\ J
/
/ CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember to adopt the following:
A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING
PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF
WATERMAIN , PROJECT NO. 00-1 , IN THE AREA OF 3148 BUNKER LAKE
BOULEVARD NW.
WHEREAS, the City Council has received a petition, dated October 26.
1999 requesting the construction of improvements; and
WHEREAS, such petition has been validated to represent the signatures of
100% of the affected property owners requesting such improvement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover that:
1. The petition is hereby declared to be 100% of owners of property affected,
J thereby making the petition unanimous.
2. Escrow amount for feasibility report is 0
3. The proposed improvement is hereby referred to the City Enqineer and he is
instructed to provide the City Council with a feasibility report.
MOTION seconded by Councilmember and adopted by the
City Council at a reqular meeting this 18th day of January , 2000, with
Councilmembers voting in
favor of the resolution, and Councilmembers voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
\ Victoria Volk - City Clerk
/
00-0\
-
\ Jason & Kimberly Plumley
, _/ 3148 Bunker Lake Blvd NW RECEIVED
Andover, MN 55304
(612) 506-0495 ocr 2 6 1999
, ,
I i
October 21, 1999 I
CITY OF P ;i\:"':-
Andover City Engineer ---_. ____-.....i
1685 Crosstown Boulevard NW
Andover, MN 55304
RE: Municipal Impro\'ements
Dear City Engineer:
W" do hereby petition for improvements ofwatermain with the costs of the improvement
to be assessed against our benefiting property.
Said petition in unanimous and the public hearing may be waived. We would like to be
assessed IMMEDIA TEL Y, as the sale of our house is contingent on this improvement.
We must close by mid November and need to have city water hooked up
, '\ IMMEDIATELY. As you can see, we must be informed of this decision as soon as it
, ) becomes available.
-
Thank You for Your Help On this Matter.
Sincerely,
~ E t;::r. 1l"J'
"'-. . _ _- - t,..-<...-!.-.
,
Jason & Kim Plumley C
3148 Bunker Lake Blvd NW
Andover, MN 55304
Phone: (612) 506-0495 (H) {
(612) 350-4095 (W) Jason's Pager
\
J
l~\) CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
,
/ DATE: Januarv 18. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item Scott Erickson~l
Engineering
ITEM NO.
Horder Plans & Specs/00-3/Crack Sealing
t \
The City Council is requested to approve the resolution ordering the improvement of the 2000
Crack Sealing, Project 00-3, in Zone #7.
\
, )
/
J
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember to adopt the following:
A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF
PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 00-3
FOR THE CRACK SEALING IMPROVEMENTS.
WHEREAS, the City Council is cognizant of the need for the trail improvements;
and
NOW, THEREFORE BE IT RESOLVED by the City Council to order the
improvement of Crack Sealinq Improvements, Project 00-3; and
'\ BE IT FURTHER RESOLVED by the City Council to hereby direct the.....Qlty
'- )
Enqineer to prepare the plans and specifications for such improvement project.
MOTION seconded by Councilmember and adopted by the
City Council at a reqular meeting this 18th day of Januarv , 2000 , with
Councilmembers voting
in favor of the resolution, and Councilmembers
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
Victoria Volk - City Clerk
\
/
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LOCATION MAP
ZCr.L i Cro.c.k &0.\
CITY OF ANDOVER
(~l REQUEST FOR COUNCIL ACTION
. \, ~ y
~ - // DATE: January 18. 2000
AGENDA SECTION ORIGINATING DEP~TMENT
Non-Discussion/Consent Item Scott Erickson
Engineering
ITEM NO.
\~ ~rder Plans & Specs/00-4/Seal Coating
The City Council is requested to approve the resolution ordering the improvement of the 2000
Seal Coating, Project 00-4, in Zones #5 & #6.
, '\
',-)
, ,
I
- ,
1
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember to adopt the following:
A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF
PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 00-4
FOR THE SEAL COATING IMPROVEMENTS.
WHEREAS, the City Council is cognizant of the need for the trail improvements;
and
NOW, THEREFORE BE IT RESOLVED by the City Council to order the
improvement of Seal Coatinq Improvements, Project 00-4; and
, BE IT FURTHER RESOLVED by the City Council to hereby direct the ~
\ )
, Enqineer to prepare the plans and specifications for such improvement project.
MOTION seconded by Councilmember and adopted by the
City Council at a reqular meeting this 18th day of Januarv , 2000 , with
Councilmembers voting
in favor of the resolution, and Councilmembers
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
Victoria Volk - City Clerk
: \\ // I "'" M ",
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CITY OF ANDOVER
(~l REQUEST FOR COUNCIL ACTION
, \ ~ ~
'- J DATE: January 18. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item Todd Haas, ~
ITEM NO. Engineering
\g~pprove Revised Development Contract/Grading
The City Council is requested to approve a revision to the Development Contract for urban
developments under Section 2 (Developer's Improvements) Section A.
Item 1 under Section A is proposed to read as follows:
1. The developer shall be required to provide finished sod elevation stakes and hubs for all
backyard drainage areas and any other areas as required by the City Engineer. The
location of the sod elevation staking and hubs are to be located at lot corners and spaced
every 20 feet. These locations must be submitted and approved on the development plan
and installed at the site prior to issuance of any building permits.
r \,
'-.j If you recall, this item was discussed recently at a City Council workshop session. This
revision to the Development Contract would become effective immediately and would be .
applied to the new developments that were recently approved by the City Council.
,
;
/
~
'I "wr
, , installed at the Developer's expense by the Developer as hereinafter provided are
" J
hereinafter referred to as "Developer Improvements". Improvements to be installed by
the City and financed through assessment procedures are hereinafter referred to as
"City Improvements".
2. DEVELOPER'S IMPROVEMENTS. The Developer will construct
and install at Developer's expense the following improvements according to the
following terms and conditions:
A. The Developer shall do all site grading including the front 100 feet
of the lots, common greenway and open spaces, storm water
storage ponds and surface drainage ways including sodding of
boulevards all in accordance with the approved grading, drainage
and erosion control plan. A grading plan with maximum two foot
contours and cross sections as necessary shall be submitted and
I. approved by the City prior to commencement of any site grading.
.,. ('-"I\~Wl.~e -t- Ite.. ~yened. "'e...e..).
B. The Developer shall control soil erosion, insuring:
1. All development shall conform to the natural limitations
\, / presented by the Topography and soil of the subdivision in
order to create the best potential for preventing soil
erosion. The Developer shall submit an erosion control
plan, detailing all erosion control measures to be
implemented during construction, said plan shall be
approved by the City prior to the commencement of site
grading or construction.
2. Erosion and siltation control measures shall be coordinated
with the, different stages of development. Appropriate
control measures as required by the City shall be installed
prior to development when necessary to control erosion.
3. Land shall be developed in increments of workable size
such that adequate erosion and siltation controls can be
provided as construction progresses. The smallest practical
area of land shall be exposed at anyone period of time.
4. Where the topsoil is removed, sufficient arable soil shall be
set aside for respreading over the developed area. The
topsoil shall be restored to a depth of at least four (4)
inches and shall be of a quality at least equal to the soil
quality prior to development.
C, The Developer shall be responsible to maintain the required tree
/ protection for the development grading until removal is approved
2
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
\
, / DATE: January 1 8, 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion City Clerk ~.~ .
ITEM NO.
06. Approve Purchase/Copier
The City Council is requested to approve the purchase of a new copier for City Hall and one
for Public Works.
Five vendors were contacted and presented bids. Several of the vendors failed to include
maintenance contract costs with their proposals and have not returned my phone calls.
Two of the machines were demonstrated at City Hall. They are as follows:
\ Konica -
.J
City Hall copier: Purchase price including sales tax: $14,478.67. Maintenance
contract is $0.11 per copy which includes parts, labor and toner.
Public Works Copier: Purchase price including sales tax: $9,845.93. Maintenance
contract is $0.13/5000 copies. Overages are $.013/ copy.
Pitney Bowes
City Hall copier: - Purchase price including sales tax: $13,234.75. Maintenance
contract is $400.00 per month for 40,000 copies/month. Overages are $.010/
copy.
Public Works Copier: Free. This is an analog desk top copier which has been
refurbished.
We are requesting that Council approves the Konica machines. The reason for this is that no
one in this area has the Pitney Bowes copier; therefore, we could not contact anyone to see if
they are satisfied with the machine. The City of Champlin has all Konica copiers and are very
pleased with the machines and service. Also, the Konica copier is digital and can be connected
, to the network if we choose to do so.
/
The purchase of these copiers has been budgeted for the year 2000.
\
, I If there are any questions prior to the meeting, please call me at city hall.
\
\ ./
.
CITY OF ANDOVER I
.
\ REQUEST FOR COUNCIL ACTION
.J
Date January 18,2000
AGENDA SECTION ORIGINATING DEPARTMENT
Approval of Claims Finance rb
Shirley Clinton
I ITEM NO. Schedule of Bills I
REQUEST:
The Andover City Council is requested to approve total claims in the amount of$ 1,380.922.30.
BACKGROUND:
Claims totaling $ 114,495.54 on disbursement edit list #1 dated 01-11-2000 have been issued and
\ released.
\ J
/
Claims totaling $ 198,219.26 on disbursement edit list #2 dated 01.18.2000 will be issued and released
upon Council approval.
Debt service payments totaling $1,068,207.50 due 02-01-2000 will be wire transferred on 01-31-2000 upon
Council approval.
Date: 01-18-2000 Approved By:
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\ ) ---....------~--
Bond Payments to be wired to the following: Due Date: 2/1/00
To be Wired on 1/3112000 -~------------_.-
--~---
,
_._-----_._~---
- --_.~----~----~
Payee Bond Name Principal ! Interest Total Amount
- - ---
I
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U.S. Bank Impr. Bond 1993A , - 33,306.25 i 33,306.25
I
Impr. Bond 1994C , 115,000.00 : 21,741.25 ' 136,741.25
Impr. Bond-1995A , 240,000.00 \ , 289,430.00
! 49,430.00 i
Refund. Bond 1995B - I 2,910.00 ! 2,910.00
I
Cert. of Indebt. 1995C 175,000.00 ! 4,243.75 : 179,243.75
Tax Iner. Bond 1993B : - I 5,170.00 I 5,170.00
Tax Iner. Bond 19950 ! 175,000.00 ! 142,725.00 I 317,725.00
Tax Iner. Bond 1996 I , 47,968.75 I 47,968.75
I ,
'Impr. Bond 1996C I - I 10,337.50 I 10,337.50
! !
Refund. Bonds 1997C i , 4,725.00 i 4,725.00
- I
Cross. Refunding-1996 I 13,350.00 ! 13,350.00
- - I
GO Equip. Cert.-1999 I 27,300.00 , 27,300.00
\
) U. S. Bank -Totals! 705,000.00 i 335,907.50 i 1,068,207.50
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DATE Januarv 18. 2000 ~
.. ITEMS GIVEN TO THE CITY COUNCIL
. Housing & Redevelopment Authority Minutes - January 4, 2000
. City Council Minutes - January 4, 2000
. Park & Recreation Minutes - January 6, 2000
. Letter from Randall Hubin
. E-Mail from Teresa Rupkalvis - January 13, 2000
. December 1999 Building Dept. Report
. Ord.No.118
. 2000 Housing & Redevelopment Authority Committee
. 2000 Standing Committees
. Schedule of Bills
PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON
THE NEXT AGENDA.
THANK YOU.
c:.~. M-r5 1/8'(00
Richard Fursman
From: JOHN RUPKAL VIS[SMTP:RUPKAL VIS@worldnetatt.net]
Sent: Thursday, January 13,20007:11 AM
To: rfursman@ci.andover.mn.us
Subject: Tri-Cities Community Center
To whom it may concern,
I would like to take this opportunity to comment on the article in the
Andover Today.
I was excited to read that the community is considering a community center
for
our area. I have visited the Maple Grove Community Center on several
occasions
and if it is anything like this, I believe it would be welcomed by the
residents.
I look forward to hearing more in the future periodicals of Andover Today.
Sincerely,
Teresa Rupkalvis, resident of Andover
.
Page 1
or .
'\ CITY OF A~TIOVER
", j COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINAJ.'J'CE NO. 118
AN ORDINANCE FOR PROTECTING THE PLANNING PROCESS AND THE
HEAL TH, SAFETY, AND WELFARE OF RESIDENTS AND ESTABLISHING
A TEMPORARY MORATORIUM ON AJ.'J'TENNAS, TOWERS, OR ANY
EQUIPMENT USED FOR THE TRANSivIITTING OR RECEIVING
TELECOMl\1UNICA nON, TELEVISION OR RADIO SIGNALS WITHIN THE
CITY.
The City Council hereby ordains as follows:
Section 1. Tower Moratorium.
Recent advances in wireless communications technology have resulted in a new
generation of cellular communication services. These services, called "Personal
'\ Communications Services" ("PCS"), will likely require numerous locations
- J throughout the community. These antennae may be located on buildings, water
towers, and similar structures, but will also frequently be located on towers
constructed or enlarged for that purpose.
A number ofPCS providers have been licensed by the FCC and more are expected
in the near future. These providers are actively pursuing antenna sites within the
City, and are expected to request and construct new or enlarged communications
towers. There is concern that current City ordinances may not adequately address
issues relating to these towers, such as the appropriate locations for these towers
and the conditions under which they may be allowed within the City, including
structural and construction requirements, co-location, setbacks and height
limitations.
There is a need to study these and other issues to determine what regulatory
controls may need to be adopted to protect the public health, safety and welfare.
The Planning and Zoning Commission and City Staff under the direction of the
City Council shall conduct such studies and make recommendations to the City
Council.
, The City Council finds. therefore, that a moratorium is required in order to protect
'- j the planning process and to prevent the construction or enlargement of towers and
1
. ""
-' "-
the use and development of lands \vithin the City for such towers pending the
completion of necessary studies and the consideration and implementation of new
regulations on that subject. At the present time it is expected that the necessary
studies and implementation can be completed within a one (1) year period.
Section 2. Moratorium Established: Scope and Definition of "Tower".
In accordance with the findings set forth in this ordinance and pursuant to the
authority of Minnesota Statutes 462.355 (Subd. 4), there is hereby established a
moratorium on the construction, erection, placement, reconstruction, enlargement,
or expansion of towers within the City and on the development and use of property
for such purposes.
During the period of the moratorium, applications for final site and building plan
approval, building permits, and other permits and approvals related to such tower
work shall not be accepted by the City, neither the Planning and Zoning
Commission nor the City Council shall consider or grant approval or any
application required for such \vork, and no building permits for such work shall be
issued.
, "
For the purposes of the moratorium the term "tower" shall mean "any pole, spire,
structure, or combination thereof, including supporting lines, cables, wires, braces,
and masts, intended primarily for the purpose of mounting an antenna
meteorological device, or similar apparatus above grade."
Section 3. Applicabilitv.
The moratorium shall be applicable to property throughout the City.
Section 4. Exceptions.
The moratorium shall not apply to (I) the lawful use of existing towers or the
lawful erection of antennae on such existing towers, (2) the repair and/or
maintenance of any existing tower provided that such work does not enlarge or
expand the physical size of the tower, (3) work on a to\ver necessary to preserve
health, safety, life, or property in the face of an emergency, ahd (4) tower work
that has received all necessary permits and approvals from the City prior to the
effective date of this ordinance.
,-
2
or .
\ Section 5. Appeal Provision.
\ J
The City Council shall have the power to vary or modify the application of any
provisions stated in this ordinance upon its determination in its absolute legislative
discretion that such variance or modification is consistent with the letter and intent
of the Comprehensive Plan and the Zoning Ordinance. Upon receiving any
application for such a variance or modification, the City Clerk shall refer such
application to the City Council.
Section 6. Penalties.
Any person, corporation, or other entity that constructs, erects, places,
reconstructs, enlarges, or expands a tower in violation of this ordinance shall be
guilty of a misdemeanor and shall be subject to any additional legal or equitable
remedies available to the City.
Section 7. Effective Date.
This ordinance shall take effect upon its adoption and publication and shall be
effective for one (I) year from its effective date and shall expire at that time unless
\ further extended.
, )
Adopted by the City Council of the City of Andover on this 4th day of January,
2000.
ATTEST: CITY OF ANDOVER
r I i~ /J '7 IL
tu:l:u-' f/ r, Jll& J =:1-
Victoria Volk, City Clerk 4. E. McKelvey, Mayo'
\
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3
J O~\G\ \\1~
J DRAFT
J CITY OF ANDOVER
J
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;
I ZONING ORDINANCE
I
, THIS ZONING ORDINANCE IS SUBJECT TO THE C[TY COUNCIL PERIODlCALL Y
AMENDMENTS TO REFLECT ZONING DlSTRlCT SUPPLEMENTS THE CITY CODE,
CHANGES (MAP) AND LA~GUAGE CHANGES, INCLUDING nns ORDINANCE, WITH
USERS ARE RESPONSrBLE FOR ASSURING THAT POLlCY RESOLUT[ONS WHICH ARE
I THElR COpy OF THE ORDINANCE [S CURRENT. DEEMED PART OF THE ORDINANCE.
THE C[TY ~1AINTAINS A CURRENT LISTING COPIES OF SUCH POLICIES ARE
OF ALL ORDINANCE AME~1)~fENTS. A V AILABLE AT C[TY HALL.
J
J
J
J CO~DEVELOPMENTDEPARTMENT
1685 CROSSTOWN BOULEVARD NW
ANDOVER, MN 55304
I (612) 755-5100 CURRENT AS OF:
, J
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.-,
u
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u Table of Contents
.-,
LJ ARTICLE I - GENERAL PROVISIONS
Page
.-, DIVISION 10: GENERAL PROVISIONS
u
Sec. 010-010 Short title I
"'i Sec. 0 I 0-020 Components 1
u Sec. 010-030 Purposes 2
Sec. 0 I 0-040 Organization 2
..., Sec. 0 I 0-050 General rules for applicability of zoning regulations .,
-'
U Sec. 0 I 0-060 Rules for interpretation; recordkeeping 5
Sec. 010-070 Designation of zoning districts 6
..., Sec. 0 I 0-080 Zoning of annexed land 7
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..., DIVISION 15: DEFINITIONS
u Sec. 015-010 Specific purposes 7
..., Sec. 015-020 Rules of interpretation 8
LJ Sec.015-030 Definitions 9
..., ARTICLE II - BASE DISTRICT REGULATIONS
u
DIVISION 20: RESIDENTIAL ZONES
...,
u Sec.020-010 Specific purposes 29
..., Sec. 020-020 Intent of each residential zone 29
Sec. 020-030 Land use regulations: residential zones 31
u Sec. 020-040 Development standards 32
.-,
u DIVISION 25: COMMERCIAL AND INDUSTRIAL ZONES
ro Sec.025-010 Specific purposes 32
u Sec. 025-020 Intent of each commercial and industrial zone 32
Sec. 025-030 Land use regulations: commercial and industrial zones 34
..., Sec. 025-040 Development standards 34
u
DIVISION 30: RECREATIONAL ZONES
...,
LJ Sec. 030-010 Specific purposes 36
Sec. 030-020 Intent of each recreational zone 36
..., Sec. 030-030 Land use regulations: recreational zones 37
u Sec. 030-040 Development standards 38
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ARTICLE III - GENERAL REGULATIONS L
,...,
DIVISION 35: GENERAL PROVISIONS
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Sec. 035-010 Lot provisions 39 n
Sec. 035-020 Accessory buildings and structures 39 LJ
Sec.035-030 Decks and porches 40
Sec.035-040 Encroachments 41 r'I
Sec.035-050 Vacated streets 41 L J
Sec. 035-060 Dwelling units prohibited 42
Sec. 035-070 Setbacks along thoroughfares 42 n
Sec. 035-080 Two family home conversions 42 LJ
Sec.035-090 Fences and walls 42
n
Sec.035-100 Land reclamation 43
Sec. 035-110 Mining 44 L.
Sec.035-l20 Bulk storage offueIs 44 n
Sec.035-l30 Gasoline service stations 44
LJ
Sec.035-l40 Home occupations 45
Sec.035-l50 Exterior (outdoor) storage 49 n
Sec.035-l60 Refuse 51 LJ
. Sec. 035-170 Glare 52
Sec.035-180 Residential building standards 52 n
Sec. 035-190 Temporary mobile home/trailer permit 53 LJ
ARTICLE IV - SIGNS n
u
DIVISION 40: SIGNS n
Sec. 040-0 I 0 Purpose 54 LJ
Sec. 040-020 Administration 54 n
Sec.040-030 Maintenance standards 58 LJ
Sec. 040-040 Setback, height, and placement standards 58
Sec. 040-050 Permitted signs (by district) 59 n
Sec.040-060 Temporary outdoor promotional events, grand openings 63 u
and similar events
n
ARTICLE V - OFF-STREET PARKING LJ
AND LOADING REQUIREMENJ:S ,.,
L J
DIVISION 45: OFF-STREET PARKING AND LOADING
REQUIREMENTS ,.,
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Sec. 045-0 I 0 Purpose 64
Sec. 045-020 Required plan 64 ..,
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U Sec. 045-030 Change of use or occupancy of land or building 64
Sec. 045-040 Reduction/Change of existing off-street parking space
.., or lot area 64
u Sec. 045-050 Design and development standards 64
Sec. 045-060 Required number of off-street parking spaces 68
'1 Sec. 045-070 Reduced parking facilities 71
LJ Sec.045-080 Joint facilities 71
Sec. 045-090 Off-site parking 72
.., Sec. 045-100 Off-street loading and unloading area 72
u
.., ARTICLE VI - LANDSCAPING REQUIREMENTS
LJ Sec. 050-010 Purpose 75
.., Sec. 050-020 Landscape plan required 75
u Sec. 050-030 Landscape specifications 76
Sec.050-040 Maintenance oflandscape 77
..,
:J ARTICLE VII - NON-CONFORMING USES AND STRUCTURES
-, DIVISION 55: NON-CONFOR1\1ING USES AND STRUCTURES
~
.., Sec.055-010 Purpose 78
Sec. 055-020 Non-conforming uses 78
U Sec.055-030 Non-conforming structures 79
.-,
LJ ARTICLE VIII - ADMINISTRATION
,., DIVISION 60: ADMINISTRATION
LJ
Sec. 060-0 I 0 Zoning amendments 81
.., Sec.060-020 Zoning map amendments (rezonings) 82
LJ Sec. 060-030 Conditional use permits 85
Sec. 060-040 Variances 91
n Sec. 060-050 Division of lots (lot splits) 95
LJ 'Sec. 060-060 Planned unit development review 99
-,
u ARTICLE IX - ENFORCEMENT AND PENAL TIES
.., DIVISION 65: ENFORCEMENT AND PENAL TIES
:J
Sec. 065-0 I 0 Enforcing officer and penalty 109
.., Sec. 065-020 Building permits 109
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ARTICLE X - VALIDITY AND EFFECTIVE DATE L.
'"'
DIVISION 70: V ALInITY AND EFFECTIVE DATE u
Sec.070-01O Validity and effective date 110 ~
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LJ CITY OF ANDOVER
COUNTY OF ANOKA
,.., STATE OF MINNESOTA
LJ
ORDINANCE NO. 208
,.., CITY OF ANDOVER ZONING ORDINANCE
LJ
,.., An Ordinance repealing Ordinance No.8, the Zoning Ordinance and its
..J amendments adopted January I, 1971, Ordinance No. 14, amending Section 7.01
of Ordinance No.8 adopted January 9, 1973, Ordinance No. 40 and its
,.., amendments, regulating the division oflots adopted August 16, 1977 and
LJ Ordinance No. 112, regulating planned unit developments adopted June 4, 1996.
,..,
..J THE ZO~G ORDINANCE OF THE CITY OF ANDOVER, MINNESOTA,
FOR THE PURPOSE OF PROMOTING THE PUBLIC HEALTH, SAFETY,
,.., ORDER, CONVENIENCE. PROSPERITY AND GENERAL WELFARE IN
LJ SAID CITY.
,.., The City Council of the City of Andover hereby ordains as follows:
LJ
,..,
LJ
ARTICLE I. TITLE. INTENT. RULES AND PURPOSE.
,..,
LJ 10-010.0 Short Title
,.., This Ordinance shall be known, cited and referred to as the "Andover Zoning
LJ Ordinance"; when referred to herein, it shall be known as "this Ordinance".
,.., 10-020.0 Components
LJ
,.., This Ordinance shall have the following components:
LJ A. Regulations, known as zoning regulations, establishing various classes of zoning
,.., districts and governing the use of land and establishing standards for
LJ buildings and improvements within districts, and establishing procedures for the
granting of various types of permits and entitlements.
--,
LJ B. A map or set of maps, known as the "zoning map" delineating the boundaries of
zones as applied to specific properties.
,..,
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,..,
10-030.0 Purposes '-,
The broad purposes of this Ordinance are to protect and promote the public health, safety, ,..,
and general welfare, and implement the policies of the Comprehensive Plan of the City of '-,
Andover. More specifically, this Ordinance is intended to provide a guide for the growth r.
and development of the City in order to:
L.
A. Achieve the arrangement of land uses described in the Comprehensive Plan. ,...,
Maintain a high level of quality and character in the City's residential L-
B.
neighborhoods. ,....,
L;
C. Ensure compatibility between land uses.
,...,
D. Promote the economic stability of existing land uses that are consistent with , J
the Comprehensive Plan.
,..,
E. Permit the development of commercial and industrial uses that are consistent '-J
with the Comprehensive Plan and which strengthen the City's economic base. ,....,
F. Ensure the provision of adequate open space for light, air, and fire and safety. u
,...,
G. Ensure the provision of adequate off-street parking and loading facilities, and
promote a safe, effective traffic circulation system. L'
,....,
H. Ensure that service demands of new development will net elceeed take into LJ
account the capacities of existing streets, utilities, or public services.
,....,
I. Conserve and enhance the City's architectural and cultural resources. , J
10-040.0 Organization ,..,
, ,
A. Structure of Regulations.
,..,
This Ordinance is divided into ten (10) articles: L J
,...,
Article I. General Provisions
Article II. Base District Regulations L'
Article III. General Regulations ,...,
Article IV. Signs
Article V. Off-Street Parking and Loading Requirements ' ,
Article VI. Landscaping Requirements ,...,
Article VII. Non-Conforming Uses and Structures '- .
Article VIII. Administration
Article IX. Enforcement and Penalties ,..,
'- ,
2 ,..,
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..,
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..,
LJ Article X. Validity and Effective Date
.., B. Types of Regulations.
U
Three (3) types of zoning regulations control the use and development of
.., property:
U
1. Land Use Regulations specify land uses permitted or conditionally
.., permitted in each district, and include special requirements, if any,
u applicable to specific uses.
.., 2. Development Standards control the height, bulk, location, and appearance
LJ of structures on development sites. These include, but are not limited to
.., regulations for site development; parking and loading; signs; landscaping;
u and non-conforming uses and structures.
.. Procedures relate to the administration of zoning regulations, including
.., :J.
LJ requirements for notice and public hearings on various applications.
.., 10-050.0 General Rules for Applicability of Zoning Regulations
u
A. Applicability to Property.
..,
U Zoning regulations shall apply to all land within the City of Andover, except for
public streets and rights-of-way, and to state or federal agencies, where
.., applicable. Application of regulations to specific lots shall be governed by the
LJ ZOnIng map.
.., Compliance with Regulations.
B.
LJ
.., No land shall be used, and no structure shall be constructed, occupied, enlarged,
u altered, demolished or moved in any zoning district except in accordance with the
provisions in this Ordinance or other City ordinances. In interpreting and
.., applying the provisions of this Ordinance, unless specifically provided for
u othenvise, they shall be held to be the minimum requirements for the promotion
of the public health, safety and general welfare.
...,
u C. Remedies.
..., Remedies shall be cumulative and not exclusive. The conviction and
u punishment of any person hereunder shall not relieve such person from the
..., responsibility of correcting prohibited conditions.
LJ D. Penalties.
..,
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Anyone in violation of the provisions of this Ordinance shall be guilty ofa LJ
misdemeanor and upon conviction thereof shall be punishable as defined and '-'
provided by State law.
L'
E. Compliance with Public Notice Requirements. ..,
Compliance with public notice requirements prescribed by this Ordinance shall be LJ
deemed sufficient notice to allow the City to proceed 'With a public hearing and .-.
take action on an application, regardless of actual receipt of mailed, posted, ..
delivered, or published notice. Failure of any property owner or occupant to
receive such notice shall not invalidate the proceedings. ..,
LJ
F. Conflict with Other Regulations.
..,
Where conflict occurs between the provisions of this Ordinance and any other LJ
City ordinance, resolution, guideline, or regulation, the more restrictive provision
shall control unless otherwise specified in this Ordinance. ..,
L J
G. Relation to Private Agreements.
..,
This Ordinance shall not interfere with or annul any easement, covenant, or other LJ
agreement now in effect, provided that where this Ordinance imposes greater ..,
restriction than imposed by an easement, covenant, or agreement, the LJ
requirements of this Ordinance shall continue to apply.
,-,
H. References to Classes of Zones. LJ
References to "residential zones" shall include R-l, R-2, R-3, R-4, R-MHP, M-I ,-,
and M-2. References to "commercial zones" include the GB, NB and SC. L,
References to "industrial zones" shall include I. References to "recreational
zones" shall include GR. ..,
LJ
I. Relation to Prior Zoning Ordinance.
,-,
The provisions of this Ordinance supersede all prior zoning ordinances, as LI
amended, of the City of Andover, except that no provision of this Qrdinance shall ..,
validate or legalize any land use or structure established, constructed, or
maintained in violation of the prior zoning ordinar.ce, as amended, unless LI
specifically authorized by this Ordinance. ..,
LJ
1. Application During Local Emergency.
,-,
If it is determined by the City Council that strict compliance with specific . J
provisions of this Ordinance may affect the health, safety or welfare of the general
..,
. .
4 ,-,
, i
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.-,
u
.-,
u public in a declared local emergency situation, such provisions may be \vaived by
the City Council.
.-,
LJ The terms and conditions of such waiver shall be set out in a resolution approved
by the City Council.
.-,
u K. Severability.
.-, If any section, subsection, sentence, or phrase of this Ordinance is for any reason
U held to be invalid or unconstitutional by a court of competent jurisdiction, the
.-, remaining portions of this Ordinance shall not be affected. It is expressly declared
that this Ordinance and each article, section, subsection, sentence, and phrase
.J \vould have been adopted regardless of the fact that one (I) or more other portions
.-, of this Ordinance would be declared invalid or unconstitutional.
.J Rules for Interpretation; Recordkeeping
10-060.0
.-,
LJ A. Zoning Regulations.
.-, Any list of any item, including but not limited to districts or uses is exclusive. If
u a use or other item is not listed, it is not permitted. Where uncertainty exists
regarding the interpretation of any provision of this Ordinance or its application to
.-, a specific site, the Zoning Administrator shall determine the intent of the
LJ provIsion.
.-, Decisions by the Zoning Administrator to interpret any provision of this
LJ Ordinance shall be final and conclusive, unless a written appeal on the form
.-, designated by the City is filed With the City Clerk requesting City Council review
LJ of the interpretation. Such appeal shall be placed on the City Council agenda by
the City Clerk in a timely fashion.
.-,
LJ B. Zoning Map.
.-, The boundaries of the districts as established by this Ordinance are as shown on
LJ the map published herewith and made part of this Ordinance which is designated
as the "Zoning Map", which map is properly approved and filed with the City
.-, Clerk.
..J
.-, Where uncertainty exists regarding the boundary of a distriCt, the following
rules shall apply:
u
.-, 1. District boundaries shown as approximately following the property ofa
LJ lot shall be construed to follow such property line.
.-,
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2. On unsubdivided land, or where a district boundary divides a lot, the l ,
location of the district boundary shall be determined by using the scale r-1
appearing on the zoning map, unless the boundary location is '-,
indicated by dimensions printed on the map.
....,
.., District boundaries shown as approximately following right-of-way
-'.
'-.
lines of streets, alleys, railroads, or other identifiable boundary lines
shall be construed to follow such right-of-way or boundary lines. .....
'-.
4. Where any public street, alley, or right-of-way, or any portion of the
same, is officially vacated or abandoned, the area comprising such ,....,
vacated street or alley shall acquire the zone of the property to which LJ
it reverts. In the event such street, alley, or right-of-way was the
boundary benveen two (2) districts, the new district boundaries shall be at ,....,
the new property line. l .
n
5. Where further uncertainty exists, the City Council, upon a written
application or on its own motion, shall determine the location of the l J
boundary by \vritten decision, giving due consideration to the location ,....,
indicated on the zoning map, the objectives of this Ordinance, and the lJ
purposes set forth in the zone regulations.
n
C. Record of Interpretation. l J
The Zoning Administrator shall keep a record of interpretations of the zoning ,....,
regulations and zoning map made pursuant to this section which shall be available l J
to the public for review.
n
10..070.0 Designation of Zoning Districts '-J
,....,
For the purposes related to the orderly development of the City, and in order to carry out
the provisions of this Ordinance, the City is hereby divided into the following zoning L J
districts: n
Residential Districts. l J
A.
n
R-l Single Family Rural Residential District l J
R-2 Single Family Estate Residential District
R-3 Single Family Suburban Residential DistriCt ,....,
R-4 Single Family Urban Residential District l J
R-MHP Manufactured Home Park District
M-l Urban Residential (Medium Density) .....
M-2 Urban Residential (High Density) '- J
,....,
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L.J B. Commercial Districts.
..., NB Neighborhood Business District
~ SC Shopping Center District
GB General Business District
...,
LJ C. Recreational Districts.
,.., GR General Recreation District
LJ
..., D. Industrial Districts.
~ I Industrial District
,..,
...J E. Special Protection Districts.
..., AG Agricultural Preserve District
~ FP . Flood Plain District
PUD Planned Unit Development District
..., SR Scenic River District
LJ
.
10-080.0 Zoning of Annexed Land
...,
u When land is proposed to be annexed to the City of Andover, the Planning and Zoning
..., Commission shall hold at least one (I) public hearing upon the permanent zoning of said
LJ land. The results of the hearing, along with a recommendation from the Planning and
Zoning Commission, shall be presented to the City Council. The City Council shall
..., consider the proposed zoning of the land to be annexed ~long with the recommendation
LJ and either approve or deny the proposed zoning.
,.., If land to be annexed is approved by the City Council prior to the determination of the
LJ permanent zoning, no alterations or additions to existing buildings, structures, or uses and
no new building construction or uses shall be permitted on said land until the permanent
,..., zoning is approved by the City Council.
LJ
15-010.0 Specific Purposes
...,
LJ The purpose of this section is to ensure precision in interpretation of the zoning
...., regulations. The meaning and construction of words and phrases defined in this section
shall apply throughout this Ordinance, except where the context clearly indicates a
LJ different meaning or construction. If a term used in this Ordinance is not defined herein,
.., it shall be given the meaning generally accorded the term in ordinary usage. .
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15-020.0 Rules of Interpretation L'
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The language set forth in the text of this Ordinance shall be interpreted in accordance '--'
with the following rules of construction:
. .....
A. The particular shall control the general. LJ
B. Unless the context clearly indicates the contrary, the following conjunctions shall n
be interpreted as follows: LJ
1. "And" indicates that all the connected words or provisions shall apply. n
L,
2. "Or" indicates that the connected words or provisions may apply singly
but not in combination. ,....,
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.., "Either...or" indicates that the connected words or provisions shall apply
-'.
,....,
singly but not in combination.
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4. "And/or" indicates that the connected words may apply either singly or in ,....,
combination.
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C. In case of conflict between the text and a diagram, the text shall control. ,....,
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D. All references to departments, commissions, or other public agencies are to those
of the City of Andover, unless otherwise indicated. ,....,
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E. All references to public officials are those of the City of Andover, and include
designated deputies of such officials, unless otherwise indicated. ,....,
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F. All references to days are to be calendar days unless otherwise indicated. If a
deadline falls on a weekend or City holiday, it shall be extended to the next ,....,
working day. LJ
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G. Section headings contained herein shall not be deemed to govern, limit modify or
in any matter affect the scope, meaning or intent of any section hereof. LJ
,....,
H. The present tense includes the future, and the future the present. l J
1. The singular number includes the plural, and the plural the'singular. ,....,
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J. References in the masculine and feminine genders are interchangeable.
,....,
K. The \vord "activities" and "facilities" include any part thereof. '-,
The word "shall" is mandatory, and the word "may" is permissive. ,....,
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M.,. Wherl? a land US\? cate:::ory conforms to the definition for beth a nenl?ral eatenor'
__ ~ 0 ..
...., and a more specifie eat.i!;ory or land US2, the use shall 8e subject to any standards
~ in this Ordinance that apply te the mor2 specifie land use eate;ory.
.., 15-030,0 Definitions
~
..., The following words and terms used in this Ordinance are construed and defined as
follows:
~
..., Abuttinf! having a common border with, or
L.J being separated from such a common border by a right-of-way, alley, or easement.
...., Accessorv Buildinf! or Structure a subordinate structure detached
~ from but located on the same lot or parcel as the principal structure, the use of which is
incidental and accessory to that of the principal structure.
...,
:..J Adult Use any of the following businesses and
activities (offering services, entertainment, orthe sale of merchandise) described in this
..., definition constitute an "adult use";
L.J
Adult Book and Media Store an establishment having either
..., fifteen (15) percent or more of its stock/inventory, or fifteen (15) percent or
LJ more of the floor area, or one thousand (1,000) square feet or more of floor area,
..., used for the display, sale or lease of books, magazines, films, videotapes or other
LJ media which are characterized by their emphasis on matter depicting, describing
or relating to "specific sexual activities" or "specified anatomical areas".
...,
LJ Adult Cabaret an establishment which provides
dancing or other live entertainment, if such establishment excludes minors by
,..., virtue of age or if such dancing or other live entertainment is distinguished or
L.J characterized by an emphasis on matter depicting, describing or relating to
"specific sexual activities" or "specified anatomical areas".
...,
...J Adult Hotel or ll-'lotel a hotel or motel from which minors
are specifically excluded from patronage and wherein material is presented which
...., is distinguished or characterized by an emphasis on matter depicting, describing,
L.J or relating to "specified sexual activities" or "specified anatomical areas".
...., Adult Mini-Motion Picture Theater (I) A theater in an enclosed building,
LJ from which minors are excluded, with a capacity for less than fifty (50) persons
..., used for presenting motion pictures, including but not limited to film and
u videotape, having as a dominant theme material distinguished or characterized by
an emphasis on matter depicting, describing, or relating to "specified sexual
..., activities" or "specified anatomical areas". (2) Any business which presents
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motion pictures. from \vhich minors are excluded. including films and videotapes, .,
having as a dominant theme material relating to "specified sexual activities" or ,....,
"specified anatomical areas", for vie\',;ing on the premises, including but not
limited to private booths, viewing by means of coin operated or other mechanical L.
devices, and the viewing of excerpts of motion pictures offered for sale or rent. r-1
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Adult ll-lodelin!! Studio an establishment, which excludes
minors, whose major business is the provision, to customers, offigure models ,....,
who are so provided with the intent of providing sexual stimulation or sexual LJ
gratification to such customers and who engage in "specified sexual activities" or
"specified anatomical areas." n
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Adult ll-lotion Picture Arcade any place which excludes minors
wherein coin or token operated or electronically, electrically, or mechanically ,....,
controlled or operated still or motor picture machines, projectors, or other image- L;
producing devices are maintained to show images to five (5) or fewer persons per ~
machine at anyone time, and where the images so displayed are distinguished or
characterized by an emphasis on depicting or describing "specified sexual l J
activities" or "specified anatomical areas". ,....,
Adult IVotion Picture Theater a theater in an enclosed building, LJ
from which minors are excluded, with a capacity offifry (50) or more persons ,....,
used regularly and routinely for presenting live entertainment or motion pictures, LJ
including but not limited to film and videotape, having a dominant theme material --
distinguished or characterized by an emphasis on matter depicting, describing, or ,....,
relating to "specified sexual activities" or "specified anatomical areas" for . j
observation by patrons therein.
,....,
Adlllt Noveltv Business a business, from which minors are "
excluded, which sells, offers to sell, or displays devices which stimulate human
genitals or devices which are designed for sexual stimulation. ,....,
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A!!ricllltural Use. Rural a parcel of land consisting of a M
minimum of five (5) 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 land, as well as l J
the raising and keeping thereon of domestic and non-domestic animals. ,....,
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A!!ricllltural Use. Urban a parcel of land consisting 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 or crops are intended for the use of the property owner(s) and are sold off-
site. It shall include the keeping and raising of domestic animals. ,....,
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Allev a public or private way permanently
reserved as a secondary means of access to abutting property. ......
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LJ Alteration any change, addition, or modification
in construction or occupancy of an existing structure.
,..,
LJ Amusement Arcade a building or part of a building in
....., which five (5) or more pinball machines, video games, or other similar player-operated
amusement devices are maintained.
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...., Animals. Domestic animals commonly kept as pets, such
LJ as dogs, cats and similar animals.
..., Animals. Non-Domestic animals commonly kept on a farm
L.J for productive purposes such as cattle, hogs, sheep, goats, chickens and other similar
animals. Any building in which non-domestic animals are kept shall be a distance of one
..., hundred (100) feet or more from any residence and a distance of fifty (50) feet or more
LJ from the property line.
....., Antenna a wire or set of ""ires used in
L.J transmitting and receiving electromagnetic waveS and including the supporting structure;
includes, but is not limited to, amateur radio antennas, television antennas, satellite
..., receiving dishes, and the like.
L.J
ADartment a part of a building consisting of a
..., room or suite of rooms which is designed for, intended for or used as a residence for one
L.J (1) family or an individual and is equipped with cooking facilities.
..., three (3) or more dwelling units or
LJ ADartment Buildinf! apartments grouped in one (1) building, with each unit sharing a common area for ingress
,.., and egress.
L.J
Auto Recvclinf! Yard the presence of a lot or parcel of land
....., where two (2) or more unlicensed or inoperable motor vehicles or the remains thereof are
LJ kept for the purpose of dismantling, sale of parts, sale of scrap, storage, or abandonment.
....., Basement that portion of a building that is
LJ partially or completely below grade.
....., Boardinf! House a building other than a motel or hotel
L..J where, for compensation and by pre-arrangement for defir.ite periods, meals or lodging
...., are provided for three (3) or more persons, but not to exceed eight (8) persons.
:..J Buildable Area the space remaining on a lot after the
....., minimum setback and open space requirements of the City have been met.
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B uildinf! any structure having a roof and built
..., for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind.
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Buildin!! or Structure. Princioal a building in which the primary use '- ,
of the lot on which the building is located is conducted. ,....,
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Buildinf! Line an imaginary line separating
buildable area and required yards. ,....,
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Camo!!round an area or tract of land on which
accommodations for temporary occupancy are located or may be placed, including ,....,
cabins, tents, and major recreation equipment, and which is primarily used for LJ
recreational purposes and retains an open air or natural character.
,....,
Cemeterv land used or intended to be used for l J
the burial of the dead and dedicated for cemetery purposes, including columbariums, ,....,
crematories, mausoleums, and mortuaries when operated in conjunction with and within
the boundaries of such cemetery. l J
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Church a place where religious worship is
conducted. LJ
,....,
Clinic a building designed and used for the
- '--'
diagnosis and treatment of human patients that does not include overnight care facilities.
,....,
Club. Private a organization of persons for special '--'
purposes or for the promulgation of sports, arts, literature, politics, or the like, but not
operated for profit, excluding churches, synagogues, or other houses of worship. ,....,
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Club. rSoorts and Fitness) a place of assembly and activity
where membership may be required and is directed toward the general public with the ,....,
commercial promotion of sports and physical fitness. LJ
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Commercial Greenhouse an enterprise which conducts the
retail and wholesale sale of plants grown, as well as accessory items directly related to LJ
their care and maintenance on a parcel of land in a residential district consisting of at least ,....,
five (5) contiguous acres. Accessory items normally sold include clay pots, potting soil, LJ
fertilizers, insecticides, hanging baskets, rakes, and shovels and the like.
,....,
Commercial Recreation a business directed toward the l ,
general public, not requiring membership, that offers recreational entertainment such as
amusement centers, bowling alleys, billiard halls, miniature golf, movie theaters, ,....,
ballrooms and the like. Ll
Commercial Vehicle any vehicle, including a truck, semi- ,....,
tractor, bus or van used for the movement of goods and/or passengers in the normal . J
operation of a business. ,....,
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:..J ComDrelzensive Plan the series of maps, reports. statement
of goals, objectives, and criteria; and documents reviewed by the Planning and Zoning
..., Commission and approved by the City Council to designate long-range orderly growth
LJ and development of the community; including, but not limited to: a Land Use Guide Plan,
a Thoroughfare Guide Plan, a Community Facilities Plan and policies for plan execution.
...,
U COnf!reflate Housinfl a structure containing two (2) or
more dwelling units and rooming units limited in occupancy and occupied by Senior
..., Citizens, except for rooms occupied by resident staff personnel, providing indoor,
u conveniently located, shared food preparation service and major dining areas, and
common recreation, social, and service facilities for the exclusive use of all residents.
...,
LJ Dav Care Center a facility licensed by the State
..., Department of Human Services, public or private, which for gain or otherwise, regularly
:..J provides one (I) or more persons, as defined by the State Human Services Licensing Act,
with care, training, supervision, habilitation, rehabilitation, or developmental guidance on
...., a regular basis, for periods less than twenty-four (24) hours per days, in a place other than
_....I the person's own home. Day care facilities include, but are not limited to: family day
care homes, group family day care homes, day care centers, day nurseries, nursery
..., schools, developmental achievement centers for children, day training and habilitation
,J services for adults, day treatment programs, adult day care centers and day services.
..., Dav Nurserv a facility licensed by the County
..J and/or State that is located in a single family residential zoned district providing day care
for minors.
...,
u Deck an accessory structure consisting of
..., an unenclosed platform such as a porch or patio, with or without railings, seats, trellises,
L.J or similar features, attached to or detached from the principal structure, which is used for
outdoor recreation.
...,
U Densitv the number of dwelling units per
acre.
...,
...J District sections of the City for which the
regulations governing the height, area, use of buildings and premises are the same.
"
~ DOfl Kennel. Commercial a place where a person accepts dogs
from the general public and where such animals are kept for the purpose of selling,
...., boarding, breeding, training, or grooming, except a veterinary clinic.
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..., DOfl Kennel. Private a place where more than three (3)
dogs over six (6) months of age are kept for private enjoyment and not for monetary gain,
..J provided such animals are owned by the owner or the lessee of the premises on which
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they are kept. There shall be a fenced yard (fencing of sufficient height) or dog . ,
enclosure(s) present to prevent the running at large or escape of dogs confined therein. ,....,
Drive Throu!!h Business a business that by design, physical L.
facilities, service or by packing procedures encourages or permits customers to receive ,....,
services, obtain goods or be entertained while remaining in their motor vehicles, ,-,
excluding gasoline stations.
,....,
Drivewav a private road giving access from a L J
public right-of-\vay to a garage or garage pad.
,....,
Dwellin!!. Attached a building where a dwelling unit is l J
joined in a horizontal fashion to one (I) or more dwelling units by party wall or walls.
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Dwellin!!. Detached a dwelling unit entirely surrounded \. ,
by open space. ,..."
Dwellin!!. Multivle Familv an attached dwelling designed for '_J
occupancy by three (3) or more families in dwelling units joined in a vertical and/or ,....,
horizontal fashion.
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Dwel/inf!. Sin!!le Familv a building designed for and occupied n
exclusively by one (I) family. l J
Dwellin!! Unit any building or portion thereof n
which contains living facilities, including provisions for sleeping, eating, cooking and LJ
sanitation for not more than one (1) family.
,....,
Easement a grant of one (I) or more of the L J
property rights by the owner to, or for the use by, the public, a corporation, or another ,..."
person or entity.
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Exterior Stora!!e the keeping or storage, in an r-1
unroofed area, of any goods, junk, material, merchandise, vehicles and similar items.
Exterior storage shall not include junk vehicles as defined by this Ordinance. ' J
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Essential Services the erection, construction, alteration
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or maintenance by public utilities or municipal departments of underground or overhead
telephone, gas, electrical, communication, water or sewer transmission, distribution, ,....,
collection, supply or disposal systems, including poles, wires, mains, drains, sewers, LJ
pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and
other similar equipment and accessories in connection therewith for the furnishing of ,....,
adequate service by such private or public utilities or municipal departments. . J
Transmission reception support structures and antennas shall not be considered an
essential service. ,..."
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LJ Familv an indi....idual or t'\vo (2) or more
persons related by blood, marriage or adoption, or a group of not more than five (5)
...., persons (excluding servants) who need not be related by blood, marriage or adoption
~ living together in a dwelling unit.
...., Farm is a parcel of land of not less than
LJ five (5) acres, that is used primarily for the commercial, soil-dependent cultivation or
.., agricultural crop production and/or for the raising of livestock.
LJ Fence any partition, structure, wall or gate
.., erected as a dividing marker, barrier or enclosure and located along the boundary or
L.J within the required lot area.
.., Floor Area the area included within the
LJ surrounding exterior walls of a building or portion thereof, exclusive of vent shafts and
courts.
..,
L.J Frontafle the length of anyone (l) property
line of a premises, which property line abuts a legally accessible street right-of-way.
..,
u Garafle. Private a building or portion thereof for the
"' private use of the owner or occupant ofa principal building situated on the same lot of the
LJ principal building for the storage of motor vehicles and household related items.
.., Gararze. Public any garage other than a private or
u repair garage that is designed and used for the storage of automotive vehicles operated as
a business enterprise with a service charge or fee being paid to the owner or operator for
.., the parking or storage of privately owned vehicles.
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Garafle. Reoair (Automobile) any building, premises, or
.., land in which, or upon which a business, service, or industry involving the maintenance,
~ servicing, repair, or painting of motor vehicles is conducted or rendered.
.., Grade the average of the finished ground
..J level at the center of all walls of a building. In case walls are parallel to and within fiv.e~.
.., (5) feet of a sidewalk, the ground level shall be measured at the sidewalk.
u Greenhouse an endosed building, permanent or
.., portable, which is used for the growth of small plants.
L.J Health Club an indoor facility including uses such
.., as game courts, exercise equipment, locker rooms, jacuzzi, and/or sauna and pro shop.
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Heiflht. Buildinfl the vertical distance from the average
...., of the highest and lowest points of grade for that portion of the lot covered by the
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building to the highest point of the roof for flat roofs, to the roof deck line of mansard ....
roofs and to peak or ridge for gable, hip, and gambrel roofs. .....
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Home Occu/Jatioll any gaiaful occupation or profession
clearly secondary to the main use of the dwelling as a residence, which is conducted ,....,
entirely within the dwelling and which meets the requirements of this Ordinance. LJ
Home Occll/Jation, Conditional any gainful occupation or profession, ,....,
approved pursuant to the conditional use permit provisions of this Ordinance, engaged in u
by the occupant of a dwelling unit within the dwelling unit or within not more than one
(I) accessory structure permitted by this Ordinance, and which involves the following; ,....,
cabinet making, wood working, repair services and other similar uses. The activity shall "'
be clearly incidental and secondary to the residential use of the premises, including the ,....,
dwelling and permitted accessory or installations thereon; and shall not produce light
glare, noise, odor, or vibration perceptible beyond the boundaries of the premises; and L'
shall not consist of over the counter sales of merchandise produced off the premises. ,....,
Home Occu/Jation, Non-Conforming any gainful occupation or profession l J
existing or operating in the City prior to May 15, 1990 which is not a home occupation or ,....,
a home occupation (conditional) as defined in this Ordinance. A non-conforming home u
occupation is granted an interim use permit administratively to allow the use for a limited
period of time. r'
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HomeownerslProDertv Owners Association a private, nonprofit corporation of
homeowners for the purpose of owning, operating, and maintaining various common ,....,
properties. u
HosDital an institution providing health ,...,
services primarily for human in-patient medical or surgical care for the sick or injured u
and including related facilities such as laboratories, out-patient departments, training n
facilities, central service facilities, and staff offices that are an integral part of the
facilities. l I
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Hotel a facility offering transient lodging u
accommodations on a daily rate to the general public and providing additional services,
such as restaurants, meeting rooms, and recreational facilities. .....
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Im/Jervious Surface surfaces that do not absorb water.
They consist of all buildings, parking areas, driveways, roads, sidewalks, and any areas of n
concrete or asphalt. l J
Junk old, dilapidated, scrap or abandoned ,...,
metal, paper, building material and equipment, bottles, glass, appliances, furniture, beds '-'
or bedding, rags, rubber, motor vehicles, and parts thereof ,....,
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:..J Junk Vehicle any vehicle, motor vehicle, trailer or
semi-trailer, as defined by Minnesota Statute, Section 169.01 (and as amended), which is
..., not in an operable condition, or which is partially dismantled, or which is used for sale of
LJ parts, or as a source of repair or replacement of parts for other vehicles, or which is kept
for scrapping, dismantling, or salvage of any kind, or which is not properly licensed for
,..., operation with, and by, the State of Minnesota or other governmental unit. An abandoned
:..J motor vehicle as defined by Minnesota Statute, Section 1688.02 (and as amended) shall
also be considered a junk vehicle.
...,
:..J Junk Yard a parcel of land where wastes or used
.., or secondhand materials are bought, sold, exchanged, stored, processed, or handled.
...J Materials shall include but are not limited to scrap iron and other metals, paper, rags,
rubber tires, and bottles. An auto recycling yard is also considered ajunk yard.
..,
~ Land Reclamation the depositing of four hundred (400)
yards or more of material on any parcel of land so as to ele\'ate the ;rade.
..,
L.J Loadinfl Area is an off-street, berth or dock used
for the loading or unloading of cargo, products or materials from trucks or trains.
..,
:..J Lot a parcel of land occupied, or
intended to be occupied, by a building and its accessory buildings, together with such
.., open spaces as are required, having at least the minimum area required for a lot in the
~ district in which such lot is located and having its principal frontage on a public street or
--, public way.
..J Lot Area the total land area with the lot lines.
..,
:..J Lot. Corner a lot abutting on and at the
intersection of two (2) or more streets.
...,
:..J Lot, Coverafle determined by dividing that area of a
lot which is occupied or covered by the total horizontal projected surface of all buildings,
.., including covered porches and accessory buildings, which is occupied or covered by the
u gross area of that lot.
.., Lot Deoth the mean horizontal distance
..J between the front and rear lines of a lot.
.., Lot, Interior a lot other than a corner lot.
..J
.., Lot. Throuflh an interior lot which abuts a street on
..J two (2) sides, typically at the front and rear lot lines.
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Lot, Widtlt the horizontal distance benveen the
side lines of a lot measured at the required minimum front building setback line. ,....,
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Lot Line the boundary line of a lot. When a
lot line abuts a street, avenue, park or other public property, except an alley, such line ,....,
shall be kno\'m as a street line, and when a lot line abuts an alley, it shall be known as an . ,
alley line.
,....,
Lot Line. Front that boundary of a lot which abuts an u
existing or dedicated public street and, in the case of a comer lot, it shall be the shortest ,....,
dimension on a public street. If the dimensions of a corner lot are equal, the front lot line
shall be designated by the owner contingent upon approval by the Building Official and '--'
filed with the City. If the corner lot is located outside the Metropolitan Urban Service ...,
Area (MUSA) and lacks municipal sanitary sewer the owner may designate the front lot
line provided one (1) of the lot lines abutting a public street meets the minimum width L1
requirement for the zoning district. Setbacks shall be determined by said designation of ,....,
front lot line.
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Lot Line. Rear that boundary of a lot which is n
opposite the front lot line. If the rear lot line is less than ten (10) feet in length, or if the L J
lot forms a point at the rear, the rear lot line shall be a line ten (10) feet in length \vithin
the lot, connecting the side lot lines and parallel to the front lot line. ...,
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Lot Line. Side any boundary of a lot which is not a
front lot line or a rear lot line. ,....,
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Lot of Record a lot whose existence, location, and ,....,
dimensions have been legally recorded or registered in a deed or on a plat.
, ,
Lot Split is any division of a lot, parcel, or ,....,
tract of land into not more than two (2) parcels when both divided parcels meet or exceed LJ
the minimum requirements for platted lots in the applicable zoning district.
n
il-!anllfactllred Home a a..wlling unit, tr:~:~e ~n ~n~ LJ
f;~ ~~ ~~~ ~estiens, '....hisH ~s eight (~) fee~ er mere. i~~.~:~ ~~t~~:;;: ~ ~ 'n ,....,
len;tH, or wHeR erested en site eOffiphes WitH the IRIfII e e .
~~~~r:~eRts as statea ia th~s Ordi.R~ce, ana.'.\'HieH is bHilt :;:.f3~~:~:~ f:,:aation LJ
\\'he~ ~e~estea te the r.eE/Hlrea utIhtles, ~a lRellia~s the pI ;';h~~'?' ~~:~'t : n
=:~0l1::, ~~~:~~t~~~~ systems ceRtalRea tHerem; e:[cej3 th_ Ih.=:s any
~~7.~_~ whi"" ""''''.'''' "', "~i"m."". "il. ""p'" 10 :.~:~ i:..~ . .
:1~~~~1:)~3~~ a eertlfieate reEj~iIfea by the Semtary oftH _. ::~==:: ,....,
~~~~~~: ~R: Urban .De'..elef3~e~t and complies witH tHe ~~~d~ds ~. r the LJ
~hnnesota State URlfol'ffi BuddIRg Cede.
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..J a structure. transportable in one (1 )
or more sections. v.."hich in the traveling mode is eight (8) feet or more in width or fortv
.., (40) feet or more in length, or. when erected on site, is 320 or more square feet. and
LJ which is built on a permanent chassis and designed to be used as a dwelling with or
w'ithout a germanent foundation when connected to the required utilities. and includes the
..., plumbing. heating. air conditioning. and electrical systems contained therein: except that
L.J the term includes anv structure which meets all the requirements and with respect to
..., which the manufacturer voluntarilv files a certification required bv the secretary and
complies with the standards established under Minnesota Statutes, Chapter 327.
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..., ll-'lanufactured Home Park any premises (minimum acreage 20
L.J acres, which is contiguous) which has facilities (public sewer and water) to accommodate
more than one (1) manufactured home on a parcel of land and is properly zoned for such
.., use.
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lWanufacturinf!. Limited such uses include but are not limited
..., to the following: lumber yards, machine shops, products assembly, sheet metal shops,
L.J plastics, electronics, contractor shops and storage yards, printing, publishing, fabricated
metal parts, appliances, clothing and textiles.
...,
L.J Min in f! the extraction of sand and gravel or
other material of land in the amount of four hundred (400) cubic yards or more and the
.., removal thereof from the site without proeessing.
L.J
..., lUini-Storafle a structure containing separate
L.J storage spaces of varying sizes leased or rented on an individual basis.
,.., lWinor any person under the age of eighteen
L.J (18) years.
..., ll-'lotel a building or group of detached or
L.J connected buildings designed or used primarily for providing sleeping accommodations
for automobile travelers and having a parking space adjacent to a sleeping room.
...,
u Non-Conforminf! Structure a structure which was lawfully built
prior to the adoption of regulations and which does not comply with the bulk, yard
..., setback or height regulations of the district in which it is located.
...J
.., Non-Conforminf! Use of Land any use of a lot which was lawfully
established prior to the adoption of land use regulations and which does not conform to
~ the applicable use regulations of the district in which it is located.
...,
L.J Non-Conforminf! Use of Structures a use of a structure which was
lawfully established prior to the adoption of use regulations and which does not conform
...., to the applicable use regulations of the district in which it is located.
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IVurserv an enterprise which conducts the l.
retail and \vholesale sale of plants grown on the site, as well as accessory items directly .....
related to their care and maintenance. The accessory items normally sold include clay L,
pots, potting soil, fertilizers, insecticides, hanging baskets, rakes, shovels and the like, but
do not include power equipment such as gas or electric lawn mowers and farm ,....,
implements. l J
Off-Site TheraDeutic llfassa!!e Services massage services conducted awav ,.....,
from a licensed massage establishment. Such off-site massage service locations include, L'
but not be limited to. businesses and private homes.
,....,
Official NewsDaDer the newspaper adopted by the City L J
Council on an annual basis for which public hearings and notices are published to inform n
the general public.
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On-Site TheraDeutic llfassa!!e Services massage services conducted at a ,....,
licensed massage establishment. Such on-site massage service locations shall include,
but not be limited to. businesses and private homes. LJ
,....,
ODen SDace an area that is intended to provide LJ
light and air, and is designed for either environmental, scenic, or recreational purposes.
Open space may include, but is not limited to, lawns, decorative plantings, walkways, n
active and passive recreation areas, playgrounds, fountains, swimming pools, wooded LJ
areas, and water courses. Open space shall not be deemed to include driveways, parking
lots, or other surfaces designed or intended for vehicular travel. ,..,
LJ
Parcel a continuous quantity ofland in the
possession of or owned, or recorded as the property of, the same person or persons. ,....,
LJ
Park any public or private land available ,.,
for recreational, educational, cultural, or aesthetic use.
LJ
Parkinf! SDace a area of such shape and dimensions n
as provided by this Ordinance and so prepared to be usable for the parking of a motor LJ
vehicle and so located as to be accessible to a public street or alley.
,....,
Parkinf! Lot a tract of land used for the temporary l J
parking of motor vehicles when such use is not accessory to any other use.
n
Planned Unit DeveloDment a tract or parcel of land developed as LJ
a unit rather than an individual development wherein two (2) or more structures are
located which sbalJ, -!lli!Y include townhouses, single and two-family homes, apartment ,..,
projects, residential subdivisions submitted under density zoning provisions, multi-use u
structures (such as an apartment building with retail at ground floor), commercial ,....,
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L.J developments. industrial developments, mixed residential and commercial developments
and similar projects.
~
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--1 Plat a drav;,ing or map of a subdivision,
meeting all the requirements of the City and in such form as required by the County for
..., purposes of recording.
L.J
..., Plat. Preliminarv is the tentative drawing or map
indicating the proposed layout of a subdivision which is submitted for review by staff,
L.J commissions, boards and advisory groups in compliance with the Comprehensive Plan
..., and the rules, regulations, policies and ordinances of the City.
~ Plat. Final is the final recorded drawing or map
..., ofa subdivision, approved by City Council and on file with the City.
J
Recreational E(fuioment play apparatus such as swing sets
..., and slides, sandboxes, poles for nets, swimming pools, picnic tables, lawn chairs,
~ barbecue stands, sheds and similar equipment and structures. Rec:reational'equipment
shall not include motorcycles, motor vehicles, jet skis, snov,mobiles and tree houses.
...,
L.J Recreational Vehicle a vehicular type portable structure
without a permanent foundation, which can be towed, hauled or driven and primarily
..., designed as temporary living accommodation for recreational, camping and travel use and
~ including but not limited to truck campers and self-propelled motor homes.
.., Reoair Service repair and/or servicing of
L.J such items as musical, scientific and medical instruments, photographic equipment,
..., jewelry, watches, clocks, small household appliances, office machines, shoes and clothes,
~ and similar uses.
..., Retail Trade and Services stores and shops selling the personal
L.J services or goods over the counter. These include: antique shops, appliance and
electronic stores (incidental repair and assembly only), art and school supplies, art
gallery, bakery goods, barber and beauty shops, bicycle sales and repair, books and
LJ stationary, cameras and photo, clothing, coin and philatelic, copy service, deli and coffee
shops, dry cleaning, fabric and notions sales, florist, gift and novelty, grocery and food
..., stores, hardware, hobby and craft, jewelry, laundromat, leather and luggage stores,
u locksmiths. meat market, music shops, paint and wallpaper sales, shoe repair and sales,
..., sporting goods, studios - artist, music, photo, dance, etc., tailoring: tanning salon,
therapeutic message establishments (on-site and off-site massage services), toy store,
u video rental and sales and other similar type uses.
...,
:..J Rubbish waste products which have
composed wholly or partly of such materials as garbage, sweepings, swill, cleanings,
..., trash, refuse, litter, industrial solid wastes or domestic solid wastes; organic wastes
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or residue of animals, fruit, or other vegetable matter from the kitchen, dining room,
market, food establishment or any place dealing or handling meat, fowl, fruit, grain, or ~
vegetables; offal, animal excreta, or the carcass of animals; tree or shrub trimmings, or '--'
grass clippings; brick, plaster, \vood, metal, roofing materials, pipe or other waste matter
resulting from the demolition, alteration or construction of buildings or structures; ,....,
accumulated waste materials, cans, used containers, boxes and packing materials, junk LJ
vehicles, ashes, tires, glass, jars, bottles, auto parts, cement brick, leaves, bum barrels,
household appliances, furniture, toys, floor coverings, fabric, drain oil, solvents and ,....,
fluids, or other such substance which may become a nuisance. LJ
,....,
Service StatiOIl (Gasoline) any premises where gasoline and
other petroleum products are sold :md/er ligRt maiRtemlllee aetiyities sueR as engia8 tune l ,
ups, lubricatioR, miaer repairs, ana ears1:lretor eIeilflin; are eonaueted. Service stations n
shall not include premises where fleavy automobile maintenance activities S1:lefl a3 eBgme
overha1:lls, aHtom8sile 13aiatiag, anEll3eEly feader werle are conducted. ~ J
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Shoooillf! Center a retail center that is characterized by
L;
size, accessibility, readily available parking, uniform building character and separation of
the automobile and pedestrian which provide retail shopping convenience with facilities n
which are designed and located consistent with the provisions of the Comprehensive LJ
Land Use Guide Plan.
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Si!m any billboard, notice, poster, display LJ
or other device visible to and primarily intended to advertise and inform or to attract
attention, and shall include any structures erected primarily for use in connection with the ...,
display of any such device. LJ
,....,
Sif!n Stvles:
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Sif!n, Bench a sign which is affixed to a bench at r-1
a bus stop, not to include memorial dedications in parks. LJ
Sif!n, Electronic Messaf!e Board any sign that uses changing lights to ~
form a sign message or messages wherein the sequence of messages and the rate LJ
of change is electronically programmed and can be modified by electronic
process. ..,
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Sif!n. Flaslzinf! any sign, which, by method or
manner of illumination, flashed on or off, winks, or blinks with varying light ,....,
intensity, shows motion, or creates the illusion of motion or revolves in a manner l J
to create the illusion of being on or off. ,....,
Sif!n. Free-Standinf! a sign which is supported by one (1) LJ
or more uprights, poles or braces in or upon the ground and not attached to any ,....,
building or structure.
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LJ Shm. Illumillated any sign \vhich has characters.
letters, figures, designs or outlines that are illuminated in any manner by an
.., artificial light source.
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Sifln. Pedestal (Pvlon) a sign erected on not more than three
.., (3) shafts or posts solidly affixed to the ground.
:..J
.., Sifln. Wall a sign attached to or erected against
the wall of a building with the exposed face of the sign in a plane parallel to the
L.J plane of said wall.
......
,
L.J Sifln Tvoes:
..., Sifln. Advertisinfl a sign which directs attention to a
:..J business, profession, commodity, service or entertainment not sold or offered
upon the premises where such sign is located or to which it is attached.
...,
:..J Sign. Area Identification a free-standing sign which identifies
the name of a neighborhood, a residential subdivision, a multiple residential
.., complex consisting of three (3) or more structures, a shopping center or area, an
LJ industrial or commercial area, an office complex or a combination of the above.
...., Sifln. Business (Commercial) or Industrial Identification a sign located in a
:..J commercial or industrial district which states the name, address or both, of the
..., business, industry or occupant of the lot, or may be a directory listing of names,
LJ addresses and businesses of occupants.
.., Si!!lI. Directional a sign erected on private property for
LJ the purpose of directing traffic to a specific location.
..., Si!!n. Free Standinfl any sign which is placed in the
L.J ground and not affixed to any part of a building.
..., Si!!n. Government a sign which is erected for
LJ government or public utility purposes to inform the general public.
.,.:----
..., Sifln. Institutional a sign and/or reader board which
..J identifies the name and other characteristics of an institutional use located within
..., designated zoning districts. Institutional signs shall contain no advertisement.
LJ Examples include churches, schools, sanitariums, hospitals, government
buildings, nursing homes and the like.
..,
LJ Sifln. Real Estate a sign offering property (land and/or
buildings) for sale, lease or rent.
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Shm. Residential Identification a sign in a residential district '--'
identifying a resident (including address and profession, occupation or home ,......
occupation), school, church or other non-business use. L _
Shm. Temoorarv any sign not exceeding thirty two ,....,
(32) square feet advertising an event such as a bazaar, special sale, sporting event L.
or similar situation.
,....,
In no event, however, shall such signs be placed on any lot or parcel of land for a LJ
period to exceed thirty (30) days out of a twelve (12) month period.
--.
SiJ;m. Traffic Control a sign which is erected by a LJ
government unit for the purpose of directing or regulating vehicular and ,..,
pedestrian traffic.
Lj
Shm, Abandoned a sign which currently no longer ,....,
advertises a bona fida business, lessor, owner, product or activity conducted, or product
available on the premises where the sign is displayed or elsewhere. L'
,....,
Shm. Surface Area of the entire area within a single, LJ
continuous perimeter enclosing the extreme limits of the actual sign surface. It does not
include any structural elements outside the limits of such sign and not forming an integral ,..,
part of the display. Only one (I) side of a double face or V -type sign structure shall be LJ
used in computing total surface area.
,....,
Sif!n. Unsif!lttlv a condition where a sign has Lj
deteriorated to the point that one-fourth (1/4) or more of the surface of the name,
identification, description or other symbol is no longer clearly recognizable to the human ,....,
eye at a distance offorty (40) feet. L'
,..,
Sifln Structure the supports, upright, braces and
framework of the sign. LJ
...,
Site Plan a map drawn to scale depicting
development of a tract of land, including but not limited to the location and relationship L'
of structures, streets, driveways, recreational areas, parking areas, utilities, landscaping, ,......
and walkways as related to a proposed development. LJ
Site Trianf!le a triangular area at the street ,....,
intersection corner of the lot, which triangle shall be formed by the front/rear and side lot u
lines and a diagonal drawn between two (2) points located fifteen (15) feet along the
front/rear and side lot lines from their point of intersection or, in the case of a rounded lot ,...,
corner, from the point of intersection of such lot lines if extended. u
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U Soecified Anatomical Areas as used herein, specitied anatomical
areas are any of the following conditions:
....,
:..J (1) Less than completely and opaquely covered:
..., (a) human genitals, pubic region, or pubic hair;
L.J (b) buttock; and
..., (c) female breasts below a point immediately above the top of the areola.
L.J (2) Human male genitals in a discernibly turgid state, even if opaquely covered.
...,
L) Soecified Sexual Activities specified sexual activities are any of
the following conditions:
...,
:..J (1) An act of sexual intercourse, normal or perverted, actual or simulated, including
genital-genital, anal-genital, or oral-genital intercourse, whether between human
..., beings or between human beings and an animal.
:..J
(2) Sadomasochistic abuse, meaning flagellation or torture by or upon a person who
..., is nude or clad in undergarments or in a revealing costume or the condition of
L.J being fettered, bound, or othenvise physically restricted on the part of one so
clothed.
...,
c.J (3) Masturbation or lewd exhibitions of the genitals including any explicit, close-up
.., representation of a human genital organ.
L.J (4) Physical contact or simulated physical contact with the clothed or unclothed
..., pubic areas or buttocks of a human male or female, or the breasts of a female,
:..J whether alone or between members of the same or opposite sex or between
humans and animals in an act of apparent sexual stimulation or gratification.
...,
...J Storv that portion of a building included
between the surface of any floor and the surface of the floor next above it, or if there be
...., no floor above it, the space bet\veen such floor and the ceiling above it. For the purpose
L.J of determining the number of stories, the term shall not include basements or cellars.
..., Street a public or private thoroughfare
u used, or intended to be used, for passage or travel by motor vehicles.
...,
Structure that which is built or constructed, an
L..J edifice or building of any kind, or any piece of work artificially built up or composed of
..., parts joined together in some definite manner.
L.J
Studio a building or portion of a building
..., used as a place of work by an artist, photographer, or artisan.
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Theater a building or part of a building
devoted to sho\ving motion pictures, or for dramatic, musical or live performance. .....
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TheraDeutic ll-lassa!!e the practice of applying pressure on,
or friction against, or the rubbing, stroking, kneading, tapping, or rolling of the external ,....,
parts of the human body with the hands or with the aid of mechanical or electrical Ll
apparatus, appliance or device with or without such supplementary aids as rubbing
(isopropyl) alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment, or other ,....,
similar preparation, for the exclusive purpose of tension, stress, pain relief, relaxation, LJ
increased range of motion, muscle tone improvement, physical fitness, or beautification ,....,
and for no other purpose, by a person not licensed as a medical doctor, chiropractor,
osteopath, podiatrist, nurse, or physical therapist, or an assistant who works solely under l J
the direction of any of the above described professionals, or a beautician and barber who ,....,
confine their treatments to the scalp, face and neck.
LJ
TheraDeutic lUassafle Establishment an establishment in the ,....,
business of providing therapeutic massage services (on-site ,and off-site) to the public. L'
TheraDeutic ll-'lassa!!e Services (Off-Site) massage services conducted away ,..,
from a licensed massage establishment. Such off-site massage service locations include, L J
but not be limited to, businesses and private homes.
,....,
TheraDeutic klassa!!e Services (On-Site) massage services conducted at a l J
licensed massage establishment. Such on-site massage service locations include, but not
be limited to businesses and private homes. n
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Townhouse or Townhome one (I) of two (2) or more residential ,....,
buildings having a common party wall separating dwelling units.
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Use the purpose for which land or ,..,
premises of a building thereon is designated, arranged or intended, or for which it is or LJ
may be occupied or maintained.
,..,
Use. Accessorv a use incidental or accessory to the LJ
principal use of a lot or a building located on the same lot as the principal use.
,....,
Use. Allowable a use which may be lawfully l J
established in a particular district provided it conforms wi!h all requirements, regulations
and performance standards of such district. Such use may be a permitted use, a use by ,....,
Conditional Use Permit, or an accessory use. L'
a use which, because of unique ,....,
Use. Conditional
characteristics. cannot be classified as a permitted use in a particular district. After due LJ
consideration, in each case of the impact of such use upon neighboring land and of the ,....,
public desirability for the particular use at the particular location, a "Conditional Use LI
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U Permit"' mayor may not be granted. If granted, the City Council may attach conditions
and guarantees upon the Conditional Use Permit deemed necessary for the protection of
., the public interest.
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Use. Permitted a use which may be lawfully
...., established in a particular district or districts, provided it conforms with all requirements,
LJ regulations and performance standards of such district. .
., Use. Princioal the main use of land or buildings as
L.J distinguished from a secondary or accessory use. A "principal" use may be permitted or
conditional.
.,
L.J Use Permit. Conditional a permit specially and individually
,..., granted for a particular use on a specified parcel or lot to a person by the City Council
LJ after receiving a recommendation from the Planning and Zoning Commission for any
conditional use allowed in any use district; and designed to meet the problem which
..., arises where certain uses should not be permitted to be located as a matter of right in
LJ every area included within the zone because of hazards inherent in the use itself or special
problems which its proposed locations may represent.
...,
L.J Variance a modification of or variation from
the provisions of this Ordinance consistent with the state enabling statute for
..., municipalities, as applied to a specific property and granted pursuant to the standards and
LJ the allowable uses within a zoning district and shall not allow uses that are prohibited.
.., Vehicle Wash Establishment a building or area that provides
LJ facilities for washing and cleaning motor vehicles, which may use production line
..., methods with a conveyor, blower, or other mechanical devices, and which may employ
some hand labor.
L.J
..., Warehouse a building used primarily for the
LJ storage of goods and materials.
...., Yard any open space on the same lot with
'-.J a building, unoccupied and unobstructed by any portion of a structure from the ground
upward, except for accessory buildings, or such projections as are expressively permitted
..., in this Ordinance.
u
Yard. Front a yard extending along the full width
..., of a front line between side lot lines and from the front of the line to the front building
u line in depth.
., a yard extending across the full
L.J Yard. Rear width of the lot and lying between the rear lot line and the nearest line of the building.
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Yard. Side a yard lying between the side line of
the lot and the nearest line of the building and extending from the front yard to the rear ,....,
yard, or in the absence of either of such front or rear yards, to the front or rear lot lines. LJ
Zoninf! Administrator/Zoninf! Official the officer charged with the ,....,
administration and enforcement of this Zoning Ordinance. LJ
.
Zoninf! District an area of the City (as delineated on ,....,
the zoning map) set aside for specific uses with specific regulations for use and u
development. ,....,
Zoninf! Map the Official Zoning Map delineating u
the boundaries of zones (zoning districts) within the City of Andover, which is ,..,
incorporated in this Ordinance as a part thereof, on file in the office of the Zoning LJ
Administrator.
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.., ARTICLE II, BASE DISTRICT REGULATIONS.
...J
.., RESIDENTIAL ZONES
...J 20-010.0 Specific Purposes
..,
...J In addition to the general purposes listed in Article 1, Section 10-030.0, the specific
purposes of the R-I, R-2, R-3, R-4, R-MHP, M-I and M-2 residential zone regulations
.., are:
...J
A. To preserve the existing living qualities of residential neighborhoods.
..,
...J B. To insure quality amenities including, but not limited to, the provisions of
adequate light, air, privacy, freedom from noise, and the convenience of access to
.., property .
~
C. To insure that new developments and residences are provided with public services
..., and facilities without placing any undue financial burden upon existing City
...J residents and ta'Xpayers.
...,
LJ D. To increase convenience and comfort by providing usable open space and
recreation space on the same lot as the housing units or within close proximity in
..., a neighborhood park.
...J
E. To prevent additions or alterations of structures which would damage the
.., .. character or desirability of existing residential areas.
LJ
F. To protect residential areas to the extent possible against unduly heavy traffic
..., volumes.
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G. To encourage a variety of dwelling types and wide range of population densities
..., consistent with the Comprehensive Plan.
;"j
...., 20-020.0 Intent of Each Residential Zone
u The specific intent of each residential zone is as follows:
...,
...J R-I Single Familv Rural District
..., This district is intended to preserve, create, and enhance areas for low density single
u family dwelling development and to allow low density development. Minimum lot size
is two and one-half (2 1/2) acres. This district is indicated as "residential rural" (RR) in
..., the Comprehensive Plan.
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R-2 Single familv Estate District l .
This district is intended to preserve, create, and enhance areas for low to medium density ,....,
single family dwelling development. Minimum lot size is one (1) acre. This district is . ,
indicated as "residential rural" (RR) in the Comprehensive Plan. r-1
R-3 Single family Suburban District . ,
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This district is intended to preserve, create, and enhance areas for medium density single l J
family dwelling development. Minimum lot size is 20,000 square feet. This district is
indicated as "residential rural" (RR) in the Comprehensive Plan. r-1
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R-4 Single Familv Urban District
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This district is intended to create a high density of single family homes where a full range L.
of public service and facilities must be made available to these developments. The
minimum lot size is 11,400 square feet. This district is indicated as "residential urban" n
(RU) in the Comprehensive Plan. LJ
R-MHP Manufactured Home Park ,....,
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This district permits manufactured housing where public sanitary sewer and water service ,....,
are present. A manufactured home park shall consist of a minimum of twenty (20)
contiguous acres and have minimum lot sizes of 5,500 square feet. This district is . I
indicated as "residential urban" (RU) in the Comprehensive Plan. n
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M-I Urban Residential (Medium Density)
,....,
This district is intended to allow the development of single and lower density multiple L'
family uses such as single family detached, two-family residences, and townhomes and
condominiums with private entrances in areas where public sanitary sewer and water n
service are present. This district addresses the need for life cycle housing by offering an LJ
alternative to the 11,400 square foot lot size of single family detached housing with a
standard density between 3.0 - 5.0 units per acre and a planned unit development density ,....,
of3.6 - 6.0 units per acre. This district is indicated as "urban residential- medium l J
density" (URM) in the Comprehensive Plan. ,....,
M-2 Urban Residential (High Densitv) . J
n
The purpose of this district is to provide additional affordable housing choices for all i J
stages of the life cycle including young, single and married people, families and senior
citizens. This district shall be located in areas where public sanitary sewer and water are ,....,
present with a standard density of six (6) to twelve (12) units per acre and a ma'l:imum L J
planned unit development density of 14.4 units per acre. This district can act as a buffer
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U between residential and commerciaVindustrial uses. This district is indicated as "urban
residential - high density" (URH) in the Comprehensive Plan.
...,
L.J 20-030.0 Land Use Regulations: Residential Zones
..., In the following table (Table 20-030-01) the letter "P" designates use classifications
L.J permitted in the specified zone, the letter "C" designates use classifications permitted
..., subject to approval of a Conditional Use Permit and the letter "A" designates an
permitted accessory use. Where there is neither a "P" ,"C" or "A" indicated under a
..J specified zone, or where a use classification is not listed, that classification is not
..., permitted.
L.J Table 20-030-01 Residential District Use Classifications
...,
...J R-1 i R-2 i R-3; R-4 i R-MHP: M-1 . M-2: USE
P : P , P . P P P P Agricultural. Urban (Parcels Less Than 5 Acres)
...., P : P P p' - . P P 'Agricultural. Rural (Parcels of 5 Acres or More)
LJ C C . C C C C C Antenna in Excess of Thirty-five (35) Feet
- - - - - - P Apartment Building (Not to Exceed 24 Units Per Building)
,.., C C C C - - - Barber and Beauty Shop
U C C C C - - - Cemetery
C ' C C C - C C Church/Place of Worship
..., C C C C' - C C College and Similar Institution
C C C C : - - - Commercial Greenhouse, Nursery or Garden Center (5 acres or more)
L.J P Day Nurseries
P P P P P P
~ C C C C - - - Dog Kennel, Commercial (2, 5 Acres Minimum)
C C C C - - - Dog Kennel. Private (2,5 Acres Minimum)
L.; P P P P P P P Essential Service
~ C C C C C C C Essential Service Building
A A A A A A A Fence (As Regulated in This Ordinance)
L C C C C C C C Golf Course
C C C C - - - Home Occupation (Conditional)
~
P . P P PI P P P Home Occupation (Permitted)
L- A . A A A A A A Keeping of Not More Than Two (2) Roomers or Boarders by Resident Family
- - - - P - - Manufactured Home
C C C C C C C Marina
L C C C C . C C C Mining/Land Reclamation
C C C C - P P Nursing Home. Senior Citizen and Congregate Housing
A A A A A A A Parking (As Regulated in This Ordinance)
L C C C C C C C Planned Unit Development
A A A A A A A Private Garage
A A A A A A A Private Recreational Facility (Swimming Pool. Tennis Court, etc,) -
'- P P , P P . P P P Public Park and Public Recreational Facility
C C C C, C C . C Relocated Dwelling Unit
C C C C - - - Riding Stable (Equine)
L C C C C . - - - School (Private or Public)
A A A A. A A A Sign (As Regulated in This Ordinance)
~ -. P P P - P P Single-Family Detached Dwelling
P
'- P P P p. P P P Therapeutic Massage as a Home Occupation Offering Off-Site Massage Services
C C C C. C C C . Therapeutic Massage as a Home Occupation Offering On-Site Massage Services 31
, - - , - - P P Townhouse (Nollo Exceed a Units Per Building)
L t - - - C; - . - - Two-Family Home Conversions
,---,
,......
L.
,......
20-040,0 Development Standards L,
The following is a table (Table 20-040-01) oflot areas, depth, width, coverage, setbacks, .....
and height regulations in residential districts for buildings and structures. Lots in the LJ
Agricultural Preserve, Flood Plain, Scenic River, and Planned Unit Development ,....,
Overlay Districts are subject to Special Protection District requirements as set forth in
other applicable City ordinances. LJ
,....,
COMMERCIAL AND INDUSTRIAL ZONES
LJ
25-010.0 Specific Purposes , ,....,
LJ
In addition to the general purposes listed in Article I, Section 10-030.0, the specific
purposes of the GB, I, NB and SC commercial zones are to: ,......
LJ
A. Provide appropriately located areas consistent with the Comprehensive Plan for a
full range of neighborhood and community oriented retail sales, services, ,....,
professional offices, and other commercial uses. LJ
n
B. Strengthen the City's economic base and provide employment opportunities close
to home for residents of the City. LJ
,....,
C. Minimize the impact of commercial development on adjacent residential districts.
LJ
D. Ensure that the appearance and effects of commercial and industrial buildings and ,...,
uses are harmonious with the character of the area in which they are located. LJ
25-020,0 Intent of Each Commercial and Industrial Zone ,....,
LJ
The specific intent of each commercial and industrial zone is as follows:
,...,
GB General Business LJ
The General Business District is intended to provide a district that is designed to furnish ,...,
areas served by other business districts with a wide range of services and goods which LJ
might otherwise be incompatible with the uses permitted in the shopping center district. ,...,
This district is intended as a business district which may be located in separate areas
adjacent to shopping centers and thus help to keep the bas;c retail areas compact and LJ
convenient, and in other separate areas to provide a district which may be located in close ,...,
proximity to an arterial street or highway in order that service types of land use can be LJ
provided, generally within areas indicated for such use in the Comprehensive Plan.
,...,
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,....,
I Industrial LJ
,....,
The Industrial District is intended to provide a district which includes manufacturing,
production, processing, cleaning, storage, servicing, repair or testing of materials, goods LJ
or products that are contained within a building and which meets and maintains all ,....,
environmental standards established by the State of Minnesota Pollution Control Agency. LJ
Such districts will generally be located within the areas indicated for such use in the
Comprehensive Plan. ,....,
'--'
NB Neighborhood Business
,..,
The Neighborhood Business District is intended to provide a district which is related to L J
and may reasonably adjoin high density or other residential districts for the location and
development of administrative office buildings and related office uses which are subject n
to more restrictive controls. The office uses allowed in this district are those which there LJ
is limited contact with the public and no exterior display or selling of merchandise to the n
general public. Such districts will generally be located within the areas indicated for such
use in the Comprehensive Plan. LJ
n
SC Shopping Center
L J
This Shopping Center District is intended to provide a district which typically involves ,..,
land in single ownership or unified and organized arrangement of buildings at locations LJ
which are suitable for such use, which are conveniently located to the neighborhoods
(walking or driving) they are intended to serve, generally within the areas indicated for n
such use in the Comprehensive Land Use Guide Plan. l J
25-030.0 Land Use Regulations: Commercial and Industrial Zones- ,....,
LJ
The following table (Table 25-030-01) the letter "P" designates use classifications
permitted in the specified zone, the letter "c" designates use classifications permitted n
subject to approval of Conditional Use Permit and the letter "A" designates an permitted . J
accessory use. Where there is neither a "P", "C" or "A" indicated under a specified zone, n
or where a use classification is not listed, that classification is not permitted.
LJ
25-0"'0.0 Development Standards ,....,
The following is a table (Table 25-040-0 I) of lot areas, depth, \',:idth, coverage, setbacks, . J
and height regulations in commercial and industrial districts for buildings and structures. ,..,
Lots in the Agricultural Preserve, Flood Plain, Scenic River and Planned Unit '--'
Development Overlay Districts are subject to Special Protection District requirements as
stated for in other applicable City ordinances. n
l J
,....,
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34 .....
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...,
LJ
....,
:..J Table 25-030-01 Commercial and Industrial Use Classifications
,...,
u GB I NB SC USE
C 'c - - Adult Use
...., p ! - - . P Amusement Arcade
LJ C'C C C Antenna in Excass of Thirty-five (35) Feet
- t C - - Auto Recycling Yard/Junk Yard
..., C:C - - Automobile Repair Garage
L.J C : - - - Busrrransit Station (Public Transportation) or Terminal With Vehicular Storage
P , P P P Busrrransit Station (PubliC Transportation) or Terminal WIthout Vehicular Storage
.., P . - - P Commercial Recreation (Indoor)
LJ C - - - Commerical Recreation (Outdoor)
P : - P . P Day Care Center
..., C ' - C ' C Drive- Through Business
L.J P : P P , P Essential Servica
C ! C: C ' C Essential Servica Building
...., A'A A A Fenca (As Regulated in This Ordinanca)
P i _ P P Financial Institution
:..J P P Funeral Home and Mortuaries
- -
P - - P Hospital
..,
P ,P - - Laboratories (Medical. Dental, Research, etc.)
..J C . -. - C Liquor Licanse (Off-Sale)
C - C C Liquor License (On-Sale. With Presenca of Restaurant)
..., C 'p
- - Lumber Yard
LJ C P - - Manufacturing (Limited)
P . - P P Medical/Dental Clinic
..., C P Mini-Storage
- -
LJ C C C C Mining/Land Reclamation
P - - C Motel or Hotel
..., C C C C Outside, Above/Below Ground Storage of Bulk Fuel (500 Gallons or More)
L.J P P P P Park (Public or Private)
A,A A A Parking. On and Off Street (As Regulated in This Ordinanca)
.., C . - - - Pawnbroker/Precious Metal Dealer/Secondhand Goods Deealer
L.J C ; C C C Planned Unit Development
P , - P P Private Club and Lodge
...., P P P P Professional Ottica
U P P P P Professional Studio (Artist. Dancing. Decorating, Music, Photo. etc.)
C - - C Public Garage (Parking)
..., C - - - Recreational Vehicle, Vehicle, Boat and Marine Equipment Sales
:..J C C - - Rental Business
P - P P Restaurant
...., P C P . P Retail Trade and Servica
..J P P C C Service Station (Gasoline)
A A A A Sign (As Regulated in This Ordinanca)
...., P - - P Sport and Fitness Club/Health Club
.J P P P P Temporary Outdoor Promotional and Sale Activity (1 week or less - during hours of operation)
P - - P Theater (Indoor)
...., C C C C Vehicle Wash Establishment
LJ P P C P Veterinary Clinic
P P - - Warehouse
.., 35
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Table 25-040-0 I :\[inimum Commercial, Industrial and Recreational District
Requirements ,....,
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,....,
. GB GR I NB SC
Non Residential lot Area (Square Feet) 20,000 20,000 24,000 87.120 217.800 "'
Minimum Front Yard Setback (Feet) 40 : 40 , 40 40 40
! ,....,
Minimum Rear Yard Setback (Feet) 40 : 30 , 40 ' 40 40
Minimum Side Yard Setback From Interior lot line (Feet) 10 10 10 10 10 LJ
Minimum Side Yard Setback From Street (Feet) 30 . 30 30 30 30
,....,
Minimum Setback From Major Arterial (Feet) 50 50 50 50 50
Minimum lot Depth (Feet) 150 . 135 . 150 150 150 L.I
Minimum lot Width @ Front Setback line (Feet) 100 i 120 , 100 . 150 200
Maximum Building Height (Feet) . 45 i 35 45 . 35 35 n
,
Maximum lot Coverage (% Covered By Structures) 30 I 30 I 30 30 30 .
I LJ
Minimum Setback From Abutting Residential District (Feet) 35 : 35 ! 75 , 35 ; 35
,
,....,
LJ
* Forty-five (45) feet for institutional uses (schools, churches, government essential
service buildings, etc.) ,....,
L'
RECREA nON ZONES
n
30-010.0 Specific Purposes LJ
n
In addition to the general purposes listed in Article I, Section 10-030.0, the specific
purposes of the GR zone is to: LJ
n
A. Provide appropriately located areas consistent with the Comprehensive Plan for a
full range of commercial recreational uses. L'
,....,
B. Ensure that the appearance and effects of recreational uses and buildings are LJ
harmonious with the character of the area in which they are located.
n
C. Minimize the impact of recreational development on adjacent residential districts. LJ
D. To encourage a variety of recreational uses to the general public consistent with ,....,
the Comprehensive Plan. LJ
Intent of Each Recreational Zone n
30-020.0
L'
The specitic intent of each recreational zone is as follows: "
LJ
n
LJ
n
36
, ,
-
...,
LJ
...,
L.J GR General Recreation
..., This district is intended to provide a location for all types of commercial recreational uses
LJ which require significant amounts of land and adequate separation from residential
districts.
...,
LJ 30-030.0 Land Use Regulations: Recreational Zones
..., In the following table (Table 30-030-0 I) the letter "P" designates use classifications
L.J permitted in the specified zones, the letter "c" designates use classifications permitted
..., subject to approval of a Conditional Use Permit and the letter "A" designates an
-.J permitted accessory use. Where there is neither a "P", "C" or "A" indicated under a
specified zone, or where a use classification is not listed, that classification is not
..., permitted.
~
Table 30-030-01 Recreational Use Classifications
...,
LJ GR USE
P Amusement Arcade
..., C Antenna in Excess of Thirty-five (35) Feet
,J P BusfTransit Station or Terminal Without Vehicular Storage
C Campground
..., P Commercial Recreation (Indoor)
....J C Commercial Recreation (Outdoor)
C Equipment Rental
..., P Essential Service
LJ C Essential Service Buiiding
A Fence (As Regulated in This Ordinance)
..., P Golf Course
...J C Golf Driving Range
P Information Center
..., C Liquor License (On-Sale. With Presence of Restaurant)
U C Marina
C Mining
...., C Motel/Hotel
LJ C Outside, Above Ground Storage of Fuel (500) Gallons or More
A Parking, On and Off Street (As Regulated in This Ordinance)
..., C Planned Unit Development
..J C Professional Office
C Public Garage (Parking)
...., P Public Park and Public Recreational Facility
..J C Ranges (Firearms and/or Archery)
C Rental Businesses
..., C Resort
P Restaurant
.-.J
C School (Public or Private)
...., A Sign (As Regulated in This Ordinance)
,J P Sport and Fitness Club/Health Club
A Temporary Outdoor Promotional Sale Activity
.., C Theater (Outdoor) 37
..J
, ~
,....,
L J
r-1
30-040,0 Development Standards , J
r-1
Refer to Table 25-040-01 for lot areas, depth, width, coverage, setbacks, and height
regulations in recreational districts for buildings and structures. Lots in the Agricultural LJ
Preserve, Flood Plain, Scenic River and Planned Unit Development Overlay Districts are ,....,
subject to Special Protection District requirements as set forth in other applicable City l J
ordinances.
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:-,
LJ ARTICLE III. GENER.-\,L PROVISIO~S,
35-010.0 Lot Provisions .
...,
:..J
A. With the exception of Planned Unit Developments, there shall be no more than
..., one (1) principal building on one (1) lot or parcel in all districts.
U
B. Any lot or parcel of land (which is part of a residential subdivision) that has been
.., granted approval by the City Council on or before October 21, 1970 shall be
L.J deemed a buildable lot, provided it has frontage on an improved public street
..., right-of-way and provided the measurements of such area, width and depth are
within sixty (60) percent of the requirements of this Ordinance. In all other cases,
U the provisions and requirements of this Ordinance shall apply.
...., C. No building permit shall be issued for any use or structure on any parcel ofland
u that is declared not buildable by the City Building Official.
...,
;,j 35-020.0 Accessory Buildings and Structures
..., A. No accessory building shall be constructed on a lot or parcel prior to the time of
u construction of the principal building except by Conditional Use Permit.
An accessory building constructed prior to the time of the principal structure shall
.., be located on the lot so as not to adversely affect the proper placement of the
:..J principal structure on the lot.
..., B. No accessory building shall exceed the actual height of the principal structure.
L.J
C. Accessory buildings on residential lots or parcels of land are subject to the
...., following size restrictions:
U
.., 1) Accessory buildings on lots or parcels greater than five (5) acres shall not
u exceed nventy (20) percent of the total area of the lot or parcel.
..., 2) Accessory buildings on lots or parcels of five (5) acres or less, but more
u than one (I) acre, shall not exceed the total square footage of land cover of
the foundation of the principal structure.
...,
U 3) Accessory buildings with a lot area of one (1) acre or less, shall not exceed
seventy-five (75) percent of the total square footage ofland cover of the
.., foundation of the principal structure.
:..J
.., In the case, a single-family home does not have an attaehed garage, four hundred
forty (440) square feet shall be added to the above accessory building size
u restrictions.
..,
U
39
..,
u
. .
,....,
"'
....,
D. Accessory buildings shall not occupy more than twenty-five (25) percent of the LJ
rear yard. , ,....,
E. No permanent sheet metal, painted or unpainted accessory building, except garden ' ,
sheds not exceeding one hundred nventy (120) square feet, shall be allowed on ,....,
residential parcels ofland three (3) acres or less. This shall not apply to painted
and finished metal siding normally used on residential structures. '-J
,....,
F. No accessory building shall be located nearer the front lot line than the principal
LJ
structure except as herein provided:
,...,
I. On residential parcels of one (I) acre or more, an accessory building may LJ
be constructed closer to the front lot line than the principal structure,
however, the minimum distance it may be from the front lot line is sixty ,....,
(60) feet. LJ
2. All accessory buildings constructed nearer the front lot line than the n
principal structure shall be similar in design and exterior finish material LJ
so as to be compatible to the principal structure. ,....,
.., School bus shelters on residential zoned lots or parcels [provided they are l J
-'.
not located in the public-right-of-way and are less than one hundred and n
twenty (120) square feet]. LJ
G. Accessory buildings and structures located in residential zoned districts that are ,....,
one hundred twenty (120) square feet or less shall be setback a minimum often l J
(10) feet from side and rear lot lines and be setback a minimum often (0) feet
from a maior arterial. Accessorv buildings and structures that are one hundred ,...,
twentv (20) square feet or less shall comolv with all other setback requirements LJ
as stated in Table 20-040-01.
,....,
.^.eeessery sl:lileliRgs ana stl1:letures laeatea iR resideRtial zaRea distnets that are l J
greater tSaR elle sl:lnaree tv:eRtj' (12Q) sEll:lare feet shall eemply 'J.ith all setsaeIc
reql:lirements as stated iR Taele 2Q Q1Q Q1. n
LJ
Accessorv buildings and structures located on comer lots are required to meet the ,....,
sidevard setback requirements from the street as stated in Table 20-040-01.
LJ
H. Accessory buildings shall not be constructed or placed in a drainage or utility ,....,
easement.
, J
35-030,0 Decks RRa Pereltes ,...,
LJ
Building permits are required prior to the construction of a deck or pareR. Decks ef
porches may be located a minimum of five (5) feet from the side yard interior lot line and ,...,
LJ
40 ,...,
u
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...,
;J may encroach up to ten (10) feet into the required minimum rear yard setback. Decks-ttft€!
porehes shall comply with all other setback requirements as stated in Table 20-040-0 I.
....,
LJ Decks and porehes shall not be constructed or placed in a drainage or utility easement.
Cantilevers or overhangs from a deck or porch shall not mID: project into any rear 'lard
..., drainage or utility Citv easement.
LJ
35-040.0 Encroachments
..,
LJ A. The following projections may be permitted into required setbacks:
...,
1. In any yards: Posts, flues, leaders, sills, pilasters, lintels, cornices, eaves,
LJ gutters, open terraces, canopies, terraces, steps, chimneys, ornamental
...., features, fire escapes, window wells, steps, terraces and ramps (handicap
;J accessible) may project no more than three (3) feet into any setback.
".j"~' 2. In any yards: Yard lights (provided the direct source of light is not visible
.J from the public right-of-way or adjacent property).
...., .., In any yards: Flag poles may encroach into any setback provided that the
-'.
LJ height (building height) of the zone in which it is located is not exceeded.
.., 4. In rear yards: Laundry drying equipment, below ground swimming pools,
L..J and play apparatus such as swing sets and sand boxes that are affixed to
..., the ground, provided these are not less than ten (10) feet from any lot line.
L.J B. No tree, shrub, fence, or other physical obstruction higher than two and one-half
..., (2 1/2) feet above the established grade shall be permitted within the site triangle
-.J on a corner lot.
..., C. Height (building height) limitations as stated in Tables 20-040-0 I and 25-040-0 I
:..J shall not apply to barns, silos and other agricultural buildings located on farm
sites, church spires, domes and monuments.
....,
:..J D. All principal structures and accessory buildings erected upon unplatted land shall
be so placed that they will not obstruct proper or future street extensions or other
...., features of proper subdivision and land planning. All subdivision of land shall be
...J in accordance with this Ordinance and the City Platting Ordinance.
.., 35-050.0 Vacated Streets
, /
~
...., Whenever any street, alley, easement or public right-of-way is vacated by City Council
:..J action, the zoning district abutting the centerline of the said vacated area shall not be
affected by such proceedings.
....,
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, ,
,....,
35-060.0 Dwelling Units Prohibited L.
,....,
No cellar, garage, tent, travel trailer, basement (with unfinished structure above), or
accessory structure at any time shall be utilized as a dwelling unit. "'
,....,
Recreational vehicles in residential districts may be utilized as a dwelling unit to LJ
accommodate guests for a period not to exceed fourteen (14) days per calendar year.
,....,
35-070.0 Setbacks Along Thoroughfares L'
In the case where the right-of-way width has not been established for a County highway, ,....,
all setbacks for principal and accessory structures shall be based from the future right-of- '--'
way width requirement or right-of-way needs assessment as stated in the Anoka County
Highway Department Right-of-Way Requirements Policy on file with the City. n
LJ
35-080,0 Two Family Home Conversions
,....,
Conversions ofa single-family home into a nvo-family home rnay be permitted in a L.J
single-family residential zoned district following the issuance of a Conditional Use ,....,
Permit, provided that each dwelling unit be provided with individual sewer stubs, LJ
individual wells or sources of water, and that a party wall agreement be entered into by
all affected parties. ,....,
L J
35-090.0 Fences and Walls
,....,
This section is intended to provide for the regulation of the height and location of fences, LJ
walls, and similar obstructions for the purpose of providing for light, air, and privacy and n
safeguarding the public welfare by preventing visual obstructions at street and highway
intersections. ..
n
For the purpose of this section, "height" shall mean the vertical distance from existing
grade to the top of the fence, hedge, or wall. The following standards shall apply: LJ
n
A. In all residential zones:
LJ
1. No fence, hedge or wall over six (6) feet in height shall be permitted in the ,....,
rear and side yards. L.J
2. No fence, hedge or wall over four (4) feet in height shall be permitted in ~
the minimum required front yard setback. ~J
3. No fence, hedge or wall over four (4) feet in height shall be oermitted n
within the minimum sidevard setback from the street on a corner lot. L I
,....,
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42 ,....,
, .
....,
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..,
L.J 4. Barbed wire and electric fences are prohibited on parcels ofland less than
two and one-half (2 II2) acres or less.
...,
LJ 5. No fence, hedge or wall shall obstruct vision and thereby create a traffic
hazard.
...,
L.J 6. No fence, hedge or wall shall be placed in a drainage or utility easement
that is deemed necessary to access by the City.
..,
LJ 7. Any fence, hedge or wall which is not properly maintained or creates
..., an eyesore or nuisance shall be removed or repaired to its original
LJ condition by the owner.
..., B. All non-residential zones:
;,J 1. No fence, hedge or wall over six (6) feet in height shall be permitted in the -
..., minimum required rear and side yard setbacks.
L..J
2. No fence, hedge or wall over four (4) feet in height shall be permitted in
..., the minimum required front yard setback.
u
3. A security arm for barbed wire to a maximum height of eight (8) feet shall
..., be permitted in any Industrial or General Business District provided such
LJ fence is located in the required rear yard only.
..., 4. No fence shall obstruct vision and thereby create a traffic hazard.
L.J
5. No fence, hedge or wall shall be placed in a drainage or utility easement
.., that is deemed necessary to access by the City.
LJ
..., 6. Any fence, hedge or wall which is not properly maintained or creates
LJ an eyesore or nuisance shall be removed or repaired to an original
condition by the owner.
...,
...J 35-100.0 Land Reclamation
..., Land reclamation shall be permitted only by Conditional Use Permit in all districts for fill
LJ amounts exceeding four hundred (400) cubic yards. The permit shall include a finished
grade plan which will not adversely affect the adjacent land, and conditions that shall
..., regulate the route of truck traffic moving to and from the site, hours of operation, safety
L1 precautions, type of fill, the general maintenance of the site, methods to control material
..., deposited on site from wind, and other conditions the City Council deems necessary.
u
...,
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New developments or plats shall be exempt from the requirements of this Section LJ
provided a grading permit has been issued bv the Citv Engineer or Building Official in
compliance with an approved grading. drainage and erosion control plan. ,..,
L J
Lana reslamatioR E1Eles Ret iRch:ide the aef3ositiR~ of fill iR eoRjuRetion with the ,.....
de'.'l'!!o13meRt of propert:: 'shieh has seen ;ffifltea er appro'/ed a final plat.
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35-110.0 Mining ,....,
In all districts, the conduct of mining shall be permitted only upon issuance of a '-J
Conditional Use Permit. The permit shall include a finished grade plan which will not n
adversely affect the adjacent land, and conditions that shall regulate the route of truck LJ
traffic moving to and from the site, hours of operation, safety precautions, the general
maintenance of the site, methods to control material deposited on site from wind, and n
other conditions the City Council deems necessary. L,j
New developments or plats shall be exempt from the requirements of this Section n
provided a grading permit has been issued bv the City Engineer or Building Official in LJ
compliance with an approved grading, drainage and erosion control plan.
,..,
~ 1iniR~ aees Rot i}1eIude tHe reme'.'al of fill in seRjuRetioR ."..ith the ae\'eloj3ffient sf '-J
property ';;flica has seeR brantea or iifl13r8':ea a fiaa! plat. ,...,
35-120.0 Bulk Storage of Fuels '-J
M
All abovelbelow ground fuel storage tanks located in non-residential districts having a LJ
capacity of five hundred (500) gallons or more shall secure a Conditional Use Permit in
order that the governing body has assurance that fire, explosion or contamination hazards - -"~.,.
n
are not present that would be detrimental to the public health, safety and general welfare. LJ
35-130.0 Gasoline Service Stations ,..,
LJ
The purpose of this section is intended to provide supplemental guidelines and
requirements for the development and operation of gasoline service stations. ,...,
The following are special development standards and performance criteria that shall be L;
met:
,...,
A. Abutment to Certain Streets Required. Gasoline service station sites shall have an l J
approved direct or indirect proximate access to an arterial road; where direct ,...,
access is not allowed or feasible, indirect proximate access shall be via an
approved service road or similar public road. -J
,...,
B. Regulation of Drivewavs. No driveway in a gasoline service station, at the point
LJ
it crosses the property line of the site, shall be within forty (40) feet of an
intersection. An "intersection" used in this subsection means the point of ,....,
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". 44 ..,
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L.J intersection of the extended curb lines of the curbs on the near side of the site. and
measurement shall be along such extended curb lines. No gasoline service station
..., shall have more than two (2) driveways on anyone (1) street.
;,J
C. Buffer or Screening Requirements. Screening will be so constructed as to
.., positively keep headlight beams of vehicles on the station property from beaming
u onto adjacent property.
..., D. Pumo Island Requirements. Pump islands will be located no closer to the street
,
~ or adjacent property lines than this Ordinance allows for parking spaces, provided
..., the location ensures no encroachment by vehicles upon street right-of-way,
~ sidewalk areas, or adjacent property.
.., E. Restrictions on Outside Ooerations. The gasoline service station shall not provide
;,J for the outdoor operation of lubrication equipment, hydraulic lifts of service pits,
tire changing, drive systems repair and tuning, or similar operations.
..,
:..J 35-140,0 Home Occupations
.., A. Purpose.
:..J
..., The purpose of this section is to provide a means through the establishment of
specific standards and procedures by which home occupations can be conducted
LJ in residential neighborhoods without jeopardizing the health, safety and general
..., welfare of the surrounding neighborhood. In addition, this section is intended to
LJ provide a mechanism enabling the distinction between permitted home
occupations and non-conforming or customarily "more sensitive" home
..., occupations, so that non-conforming home occupations may be allowed through
~ an administrative process rather than a legislative hearing process.
,..., B. Procedures and Required Permits.
L.J
1. Permitted Home Occupations.
..,
~J 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 (B)(2) of this section or
L.J has obtained a Special Home Occupation Permit as stated in (B)(3) of this
--, section. All home occupations which conform to all of the following
....J provisions may be conducted entirely within the principal structure:
..., a. The number of employees shall be limited to one (I) person on site.
LJ at anyone time in addition to family members.
....,
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...,
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,....,
b. The area within the principal structure utilized by the home LJ
occupation shall not exceed twenty (20) percent of the dwelling's ,.....
livable floor area. Basements may be included if they meet
Uniform Building Code requirements. '- .
...,
c. On-site sales shall be prohibited, except those clearly incidental to
services provided in the dwelling. ' J
,....,
d. Any interior or exterior alterations of a dwelling for a home
occupation shall be prohibited, except those customarily found in a LJ
dwelling. ,.,
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e. Vehicles associated with a home occupation shall be limited to one
(I) vehicle on the premises. Said vehicle shall not exceed gross ,....,
capacity weight of twelve thousand (12,000) pounds. , J
f. Signs shall be regulated as stated in this Ordinance. n
L J
g. Permitted home occupations include and are limited to: art or n
photo studio, dressmaking, secretarial services, professional
offices, repair services, or teaching services limited to three (3) LJ
students at anyone (I) time and similar uses as determined by the ,.,
City Council at their discretion.
~ J
h. No home occupation shall produce light glare, noise, odor, ,.,
vibration or excessive traffic or on-street parking that will in any LJ
\vay have an objectionable effect upon adjacent or nearby property.
,....,
I. The home occupation shall be conducted by at least one (1) '-J
member of the family who resides in the dwelling unit.
,-,
J. The home occupation shall meet applicable fire and building LJ
codes.
,.,
2. Home Occupations Located in an Accessory Structure and/or Requiring l J
Exterior Storage. ,.,
A Conditional Use Permit shall be required for the following home LJ
occupations that are located or conducted in an accessory structure and/or ....,
require exterior storage: L.
a. Cabinet Making. n
b. Woodworking. LJ
c. Repair Services.
r-,
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46 ,....,
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LJ d. Similar Uses as determined by the City Council at their discretion
as those stated (a-c).
...,
d These home occupations are subject to the following conditions:
.., The size of the lot or parcel of land shall be three (3) acres or
a.
LJ larger.
.., b. 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.
L.J
c. Setbacks for accessory buildings and outside storage area shall be a
.., magnitude found necessary by the City, but in no case it shall be
.J less than one hundred (100) feet front yard setback, thirty (30) feet
side yard setback and fifty (50) feet rear yard setback.
..,
..J d. The outside storage area and all materials, vehicles and equipment
being stored on site shall be fenced, landscaped-aBd or screened ffi-
...., sueh a milf'.nsr as to prevent it from being visible at any time of the
..J year from road right-of-ways, public properties and surrounding
.., properties.
...J All provisions stated in (B)(l) of this section.
e.
...,
~ Conditional Use Permits granted shall follow the criteria as stated in this
Ordinance. These permits shall be valid for one (1) year from the date of
" issuance (unless otherwise specified in the resclution for aflpro';al) and
..J thereafter shall be automatically renewed saeR year unless objections or
complaints are received, or the conditions of the permit are not adhered to.
...,
LJ 3. Non-Conforming Home Occupations.
..., All residents that are conducting a home occupation or business that does
..J not conform to the standards stated in (B)(1) and (B)(2) of this section and
..., have conducted such business at their residence in the City prior to May
15, 1990 are required to make application illm.1Y for a Special Home
...J Occupation Permit (an administrative penr.it). To be eligible for Special
.., Home Occupation Permit, the resident conducting .such business must
L.J have made application to the City on or before June 17, 1998.
.., Special Home Occupation Permits shall be are temporary in nature and
u shall be granted to a designated person who resides at the address where
the home occupation is being conducted. These permits shall not run with
..., the land and sball are not be transferable.
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...., 47
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~,
,....,
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,....,
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. If the Special Home Occupation Permit holder
expires Elr moves to a new location, the existing permit shall automatically , ,
terminate. In e~(eeflt ia the case of death, if a surviving spouse, residing at ,...,
the same address desires to continue the home occupation, written notice LJ
to that effeet shall be given to the Planning and Zoning Department, and
authorization shall be given for continuation of that permit. ,...,
LJ
C. Complaint Procedure for Home Occupations with Conditional Use Permits or
Special Home Occupation Permits. ,....,
LJ
Complaints filed with the Planning and Zoning Department in reference to a home
occupation that has been issued a permit from the City shall consist of one (1) or n
more of the following complaint types: l ,
1. Nuisances (light glare, noise, odor or vibration, etc.). ,..,
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2. The health, safety, or welfare of an individual is put at risk.
,....,
.., The conditions of the permit are not adhered to. l I
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,....,
Upon determination that the complaint is of type stated above, Staffwill L J
investigate said complaint(s) and notify the permit holder or resident conducting
the home occupation. Such notification shall state the nature of the complaint(s) ,...,
and the corrective, action(s) to be taken (if necessary). LJ
If compliance is not achieved during a reasonable time period, the permit will be ,...,
subject to revocation as outlined in (E) of this section. The permit holder will be LJ
required to cease operations and/or comply with the provisions stated in (B)(l) in
this section. ,...,
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D. Inspections.
n
There may be one (I) annual inspection each year made by the Zoning LJ
Administrator of the property covered by the permit. In addition, the Zoning ,....,
Administrator shall upon reasonable request enter and inspect the premises LJ
covered by said permit for compliance purposes.
,....,
E. Revocation of Conditional Use Permit for Home Occupation.
LJ
When the City Council determines that the public interest so requires, it may ,..,
revoke or suspend the Conditional Use Permit ofa home occupation when it LJ
finds, after due investigation and a public hearing, that:
n
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48 ,..,
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..,
L.J 1. The permit holder or any of his or her employees have concealed the
receipt of stolen property or have knowingly received stolen property.
,..,
u 2. The permit holder has not complied with the provisions of law applicable
to the premises, equipment or operation of the home occupation.
...,
LJ .., The permit holder has obtained a permit through fraud or misstatement.
-'.
..., 4. The home occupation or activity being conducted is found to be
;.j 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.
LJ 5. The home occupation has not been operating or in business for a period of
.., six (6) consecutive months.
...J F. Vested Rights.
...,
...J No home occupation allowed by Conditional Use Permit or Special Home
Occupation Permit shall confer upon any person or any property owner any vested
~ right, rather the use shall remain subject to all conditions of the permit as
,
:.J established by the City Council. The City Council 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.
L.J
35-150.0 Exterior (Outdoor) Storage
..,
LJ A. Residential Districts.
...,
:..J All materials and equipment shall be stored within a building or fully screened so
as not to be visible from adjacent properties and pubic right-of-ways, except for
..., the following:
...J
1. Recreational equipment provided the equipment is located within the
..., required rear yard.
:..J
2. Laundry drying equipment provided the equipment is located within the
..., required rear yard.
U
.., Building materials which are to be used in the construction or renovation
-'.
.., of a building or structure may be temporarily stored on the premises where
L.J such building or structure is to be built or renovated for a period not to
.., exceed six (6) months from the date the building permit was issued or the
L.J date construction begins.
..,
L.J
49
...,
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,....,
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4. Garbage. trash or recycling containers shall be located outside the L J
boulevard on non-collection days. ,....,
5. Agricultural equipment and materials on parcels of land greater than five l.
(5) acres if they are used or intended for use on the premises. ,....,
The parking or storage of motor vehicles in residential zoned districts shall '-,
6.
be subject to the following: ~
l ,
In R-4 residential zoned districts:
n
The parking or storage of vehicles shall be prohibited in any portion of the LJ
front yard except:
,....,
I. Designated paved driveways leading to a garage or garage l J
pad area. No vehicles shall be parked on the lawn or grass. ~
2. The parking or storage of vehicles shall be permitted in the L'
side yard provided the vehicle is parked on a designated ,.....,
paved driveway and is setback five (5) feet from the
property line. LJ
r-1
In R-I, R-2 and R-3 residential zoned districts, the parking or storage of LJ
vehicles shall be permitted on any designated driveways leading to a
garage or garage pad area. Up to two (2) vehicles may be parked off the r'"
driveway or on the lawn/grass provided they are not visible from adiacent LJ
properties and public right-of-ways.
,...,
7. Boats, trailers and campers less than twenty (20) feet in length are LJ
permitted provided they are stored in the rear yard and are more than ten
(10) feet from the property line. ,....,
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8. Boats, trailers and campers twenty (20) feet in length or greater are
,...,
permitted provided they are stored or parked in the driveway and not in the
rear yard. LJ
,..,
9. Recreational vehicles shall be parked in the driveway and not in the
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rear yard.
n
10. One (1) commercial vehicle shall be permitted (not to exceed nvelve LJ
thousand [12,000] pounds gross weight). The vehicle shall be stored or
parked in the designated driveway and not in the rear yard. ....,
L...l
II. In an R-l, Single Family Rural District on a parcel ofland at least three
(3) acres in size, one (I) semi-truck tractor may be stored within an n
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50 r'"
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;.j
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:..J accessory building. Under no circumstances shall the required parking
facilities allow for the parking of semi-trailers.
....,
U B. Commercial and Industrial Districts.
..., All commercial and indu~trial uses shall be conducted within an enclosed
;.j building. Outside storage shall be permitted if it is located within the required
rear or side yard and is fully screened so as not to be visible from adjacent
.., properties and public right-of-ways. Outdoor storage shall not encroach upon
J required parking space or required loading space as required by this Ordinance
...., and shall not encroach into the required rear yard or side yard setback area if
LJ abutting a residential district. The outdoor storage area shall be on an
impervious surface to E:ontrol dust. The following uses need not comply with the
..., foregoing requirements:
..J
1. Plant nurse"iies, except that no outside display of merchandise in front of
..., the building or on any portion of the lot facing a public street shall be
..J permitted, except for plants only.
...., 2. New and used automobile, camper, trailer, motorcycle, bicycle, and boat
~ dealers, and other similar uses, except that no outside display of
accessories connected with such uses shall be permitted.
..,
u 3. Automobile service stations may utilize up to twenty percent (20%) of
..., their floor space for outdoor storage/display purposes provided it is fully
screened from any residential district.
..J
..., 4. Outdoor dining.
:..J 5. Miniature golf courses, swimming pools, tennis courts, and other similar
..., commercial recreation uses, except that no outside storage or display or
..J merchandise shall be permitted.
..., 6. Industrial districts only, semi-tractor trailers used for normal freight and
u cartage in transit for up to thirty (30) days.
..., 35-160,0 Refuse
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A. Residential Districts.
....,
U All waste material, debris or refuse, shall be stored in a building or screened so as
..., not to be visible from adjacent properties or public right-of-ways.
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...,
~
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,....,
l ,
,....,
B. ~on-ResidentiaI Districts. l.
,.,
All waste material, debris, refuse, or garbage shall be kept in an enclosed building
or properly contained in a closed container designed for such purpose. All refuse L'
containers stored outside shall be fully screened from the right-of-way and ,....,
adjacent properties and comply with the following:
LJ
1. The enclosure area shall include adequate buffering to minimize visual and n
audible impact upon any adjacent residential uses. ~ ,
2. Enclosures may be attached to, or detached from the principal building. ,.,
< ,
~ Enclosures shall provide security and convenient access by the user and
-'.
the contracted hauler. n
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4. Enclosures shall not obstruct approved driveways, aisles, parking spaces,
fire lanes, or building ingress and egress. ,.....,
LJ
5. Enclosures shall be constructed of wood and/or masonry materials which
,....,
are aesthetically compatible with the primary structure and the site.
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6. When gates and doors are used, they shall be equipped with hardware and ,.,
shall be closed at all times other than during loading and unloading. l J
C. All Districts. n
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The owner of vacant land shall be responsible for keeping such land free of debris
and refuse. ,.,
L.
35-170.0 Glare
,.,
Any lighting used to illuminate an off-street parking area, driveway, structure or other use "'
of property shall be arranged as to deflect light away from any adjoining property or ,....,
public streets. The source of light shall be hooded or controlled in such a manner so as
not to light adjacent property. Bare incandescent light bulbs shall not be permitted in l J
view of adjacent property or public right-of-way.. Any light or combination of lights ,...,
which cast light on a public street shall not exceed one (1) foot candle (meter reading) as
measured from the centerline of said street. Any light or combination of lights which cast l'
light on residential property shall not exceed 0.4 foot candle (meter reading) as measured ,..,
from property line. '--'
35-180.0 Residential Building Standards ,.,
'--'
The following structures in residential zoned districts shall meet the following design
criteria: ,....,
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,..,
...J
-,
L.J A. All principal structures and attached garages shall have a permanent concrete or
treated "',iQod foundation which will anchor the structure and comply with the
..., Uniform Building Code as adopted by the State of~Iinnesota. Foundation shall
LJ cover the complete circumference of the principal structure and attached garage
with the exception of four-season porches, provided the porch does not exceed a
...., maximum coverage ofnventy (20) percent of the footprint of the habitable portion
U of the principal structure.
...., B. Sixty (60) percent of the principal structure shall have a minimum width of
~ twenty-four (24) feet. Width measurements shall not take into account overhangs
...., or other projections.
...J C. Principal structures other than approved earth sheltered homes shall have at least
....., a 4/12 roof pitch and shall be covered with shingles or tiles. This requirement
...J shall not apply to three-season porches, four-season porches, greenhouses and
solariums provided they meet the Uniform Building Code requirements as
.., adopted by the State of Minnesota.
...J
D. All principal structures and attached garages shall have roof overhangs which
.., extend a minimum of one (1) foot from all walls of the structure unless the style
LJ of the home and/or attached garage dictates otherwise.
..., E. Any metal siding upon principal structures and attached garages shall have
L.J horizontal edges and overlapping sections no wider than twelve (12) inches.
r, Sheet metal siding shall not be permitted.
L.J F. All exterior construction, including finish and the final grading shall be completed
..., in accordance with the plans and specifications within one (1) year following the
u date of permit issuance.
..., 35-190.0 Temporary Mobile Homeffrailer Permit
u
The Building Official at his/her discretion or during emergency situations may issue a
..., one hundred and fifty (150) day temporary mobile home/trailer permit. An application
u for such permit shall be made by the property owner and be submitted to the Building
Official. The permit shall state those reasons why it is necessary to utilize the mobile
....., home/trailer for temporary purposes. At the expiration of the one hundred and fifty (150)
u day period, the owner(s) or occupant(s) shall remove said :nobile home/trailer from the
-, property, unless the City Council approves an extension of time. .'
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ARTICLE IV, SIGNS, '-J
40-010.0 Purpose ,....,
, J
The purpose of this article is to protect and promote the general welfare, health, safety, ,..,
and order within the City of Andover through standards, regulations, and procedures
governing the erection, use, display, and maintenance of devices, signs, or symbols LJ
serving as visual communications media to the public which resides, works, and visits the ,....,
City. L J
The provisions of this article are intended to encourage creativity, a reasonable degree of ,....,
freedom of choice, an opportunity for effective communication, and a sense of concern LJ
for visual amenities by those who design, display, or otherwise utilize needed
communicative media of the types regulated by this Ordinance; while, at the same time, ,....,
assuring that the public is not endangered, annoyed, or unduly distracted by the unsafe, L J
disorderly, indiscriminate, or unnecessary use of such communicative media and
facilities. ,..,
LJ
40-020.0 Administration
n
A. Permit Required. L/
,..,
Every person, firm or corporation shall obtain from the City a permit before
erecting, placing, rebuilding, reconstructing, structurally altering, enlarging or LJ
relocating any sign in the City which is not specifically exempted by these ,....,
regulations from this section. Normal maintenance, painting or cleaning of a sign LJ
shall not require a sign permit.
,..,
1. Application. An application for a permit along with the required permit LJ
fee shall be submitted to the Zoning Administrator in accordance with the
requirements of this article. The application shall include the information ,....,
required by the form provided by the City and shall be accompanied by LJ
appropriate documents and plan or plans drawn to scale which legibly and
accurately reflect the following: ,..,
LJ
a. The location of proposed and existing sign(s) in relation to
,..,
property lines and existing and proposed buildings based upon a LJ
certified surveyor site plan approved by the City which accurately
reflects current conditions on the property.,' ,...,
b. The design, full dimensions, and specifications including the LJ
method of construction, and attachment to a building or placement ,...,
in the ground. LJ
,....,
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54 ,...,
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..,
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...,
L.J c. Such other information as the Zoning Administrator or Building
Official shall require to show compliance with this Ordinance and
..., other applicable laws or codes of the City.
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d. The Zoning Administrator shall review the application and
...., consider the following criteria prior to a permit being issued:
LJ
1. The size (surface area of sign), shape, color, materials,
,.., illumination, and placement of the sign shall be compatible
:.J to, in scale with, and harmonious with the building with
...., which it will be associated and with the visual character of
J the area in which it will be located.
..., 2. The sign shall not, by size, color, or location, interfere with
u traffic or visibility, or unduly obscure from view or detract
from existing signs.
..,
;,j .., The sign shall not cause needless repetition, redundancy or
-'.
proliferation of signage.
....,
:.J 4. The location and design of the sign shall not adversely
impact surrounding properties or harmfully impact the
..., public health, safety and general welfare.
--.J
5. The sign shall identify uses and premises without
...,
confusion.
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..., e. Signs erected without the issuance of a required sign permit shall
:.J be subject to a double sign permit application fee or removal.
,., 2. Sign Contractor License. No person, firm or corporation shall be engaged
u in the business of installing, erecting, constructing, placing, maintaining,
renting, leasing, or removing signs within the City of Andover without
..., first obtaining a Sign Contractor's License.
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a. Licenses are not required for work exclusively involving signs that
,.., are exempt from the permit requirements of this section.
u
b. The owner, lessee, or bona fide occupant of the property upon
..., which a sign is to be located may perform the actual work of
LJ installing a sign, without a license, provided that person has
..., acquired required permits for the sign.
u No license shall take effect until the licensee has filed the
c.
...., following with the Building Department:
u
55
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u
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1. A completed application to obtain such license. '-J
,....,
'} A certificate of current liability and property damage
insurance. Limits shall comply with the limits required by '-,
State Statute for licensed contractors. No work or permit ,....,
shall be issued until said insurance policies have been LJ
approved and filed by the City.
,..,
.., The appropriate permit fee as set forth by City Council
-'. l ,
resolution shall accompany the application.
,..,
4. The Zoning Administrator shall, upon approval, issue a LJ
written permit authorizing the proposed sign and related
work; the permit shall, where applicable, specify the ,....,
duration of the sign and the permit shall indicate any LJ
special conditions or requirements related to the ,....,
construction or location of the sign.
l J
5. The Zoning Administrator may, upon reasonable request ,....,
from the property owner enter such property covered by
said permit for compliance purposes. l I
,...,
B. Signs Not Requiring Permits.
L.
The following signs and work in all districts, in addition to other signs and work ,.,
addressed in this section, where exemption from permit requirements is LJ
specifically made, do not require a permit. These signs, however shall meet all
setback requirements as stated in this article, unless otherwise stated differently. ,...,
The exemptions shall apply only to the requirement of a permit and shall not be L'
construed as relieving the owner or contractor of the sign from responsibility for
its erection and maintenance: ,..,
LJ
1. Street, warning, traffic control, directional and other official
,..,
non-commercial signs erected by a government or by others, where
required or recommended pursuant to legal authority. LJ
,...,
2. The official flag of a government or institution, including the display of
LJ
the United States flag, the flag of the State of Minnesota, or any other
county, state or political subdivision. ,....,
LJ
.., One (I) temporary sign related to a garage sale or similar sale,
-'.
provided the sign does not exceed twelve (12) square feet in surface area ,..,
and is removed when the intended purpose has been fulfilled. Setback LJ
requirements may be waived for such signs, provided that they are located
,....,
LJ
56 ,....,
. ,
~
-,
~
..,
~ on private property and provided they do not impede safety by obstructing
vision of pedestrians or motor vehicle operators.
....,
~ 4. Temporary signs for political campaigns shall not exceed thirty-
two (32) square feet in surface area. Such signs may be placed on private
.., property from August 1st until ten (10) days after the general election.
U No political campaign sign shall be located in a public right-of-way QLQ!l.
public orooerty.
..,
U ). Real estate signs, provided that the sign does not exceed eight
-, (8) square feet in surface area.
;..J 6. '"No trespassing", "no parking", "no solicitors", and other similar
..., warning signs not exceeding four (4) square feet in surface area.
..J
7. Holiday decorations.
..,
..J 8. Changing of the copy or message of an allowed sign expressly designed
with changeable copy.
...,
..J 9. Changing the advertising copy or message of an allowed sign, unless there
is a major structural change involving the area of the sign.
...,
LJ 10. Parking entrance and exit signs, other private traffic, or pedestrian
..., directional signs or other informational signs not to exceed twelve (12)
square feet in surface area. Oriented along the street frontage, there shall
u be no more than one (I) such sign per entrance to the parcel.
...,
:..J 11. Address letters and numerals required by and in conformance with City
ordinances. Included are related signs, not to exceed three (3) square feet
..., in surface area, displayed strictly for the convenience of the public such as
LJ identification signs for restrooms, waste receptacles, doorbells, mailboxes,
reserved parking spaces, loading zones, or primary building entrances.
...,
U 12. Window signs in nonresidential districts, provided the signs do not
exceed II3 of the window area.
...,
:..J 13. Signs on water towers.
..., C. Prohibited Signs.
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..., The following signs shall be prohibited in all districts and shall be removed upon written
u notice from the Zoning Administrator:
..,
:..J
57
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~,
,....,
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1. Any sign which, by color, shape, location or other means endangers public ' ,
safety by resembling or conflicting \vith any traffic control sign or device ,....,
or which due to its dangerous construction, manner of display, or location
is determined by Zoning Administrator or City Engineer to be hazardous. ~ .
,....,
2. Any sign displaying obscene, indecent, or immoral matter.
LJ
.., Graffiti. No sign shall contain graphic representation designed to imitate,
-'. ...,
resemble, duplicate or give the appearance of any symbols, letter styles, L.
plakas or other identifying features of any street gang or tagging origin.
,....,
4. No sign shall be directly painted on building exteriors, fence, tree, stone or l J
other object in any district except for water towers.
...,
5. Signs erected without the permission of the owner or agent of the LJ
property on which or over which such sign is located.
,....,
6. Signs which no longer advertise or identify a business conducted, a service l.
rendered or product sold. ,....,
7. Unsightly signs as defined by this Ordinance. LJ
...,
8. Abandoned signs as defined by this Ordinance.
l.
9. Signs located in the right-of-way that are not exempt from the ...,
requirements of this section. LJ
10. Signs erected without a required sign permit. ,....,
LJ
11. Illuminated signs casting light on a public street which exceeds one (I)
foot candle (meter reading) as measured from the centerline of said street. ,....,
Any illuminated sign which casts light on a residential property shall not LJ
exceed 0.4 foot candle (meter reading) as measured from property line. ...,
40-030.0 Maintenance Standards LJ
n
All signs together with their supports, braces, guys and anchors, shall be kept in repair
and in proper state of preservation. The display surfaces of all signs shall be kept neatly u
painted or maintained at all times. n
u
40-040,0 Setback, Height and Placement Standards
...,
The following setback and placement standards apply for all signs (unless otherwise u
noted in this article):
,....,
L'
58 n
, J
....,
~
..,
L.J A. All signs shall be setback a minimum of ten (10) feet from all property lines.
.., B. No sign shall be permitted within the site triangle on a corner lot.
L.J
C. Signs attached to a building shall not exceed the actual height of the building.
.., Signs unattached to a building may exceed the height of the building on said lot or
~ parcel by ten (10) feet.
..., D. All illuminated signs located within fifty (50) feet of a residential zoned district
~ shall be diffused or indirect so as not to reflect direct rays oflight onto adjacent
...., residential lots.
.J
40-050.0 Permitted Signs (By District)
,..,
u Signs shall be permitted by zoning district in accordance with the following standards:
...., A. In All Districts.
...J
Directional Signs. Directional Signs shall be permitted in any approved
..., off-street parking area, when deemed necessary for the orderly
...J development of traffic, provided that such signs shall not be used as
...., advertising space.
LJ 1. Directional signs shall not exceed four (4) square feet in surface area, and
..., shall not be higher than eight (8) feet above grade.
u Directional signs shall not be illuminated, unless illumination is deemed
2.
'I by the City Council as essential to the orderly flow of traffic.
...J
3. Directional signs directed at persons off the site shall be limited to one (1)
...., such sign per collector or arterial street approach to the site. Additional
...J signs may be approved by City Council.
..., 4. Directional signs may be located on the private property next to the street
~ right-of-way line, but shall be so located and designed so as to not obstruct
..., traffic or vision of drivers and pedestrians;
u 5. One (1) off-site directional sign shall be permitted for the following:
-, church, school, hospital, sanitarium, non-commerc.ial club, library or
L.J similar use provided that the sign is located on private property which
abuts a collector or arterial road leading to the subject use or property.
-, Additional signs may be approved by City Council.
:..J
..,
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.., 59
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. .
,....,
, .
..,
Temporarv Signs. Temporary Signs as provided herein are intended to l J
announce and promote developments and events, and to direct persons to ,....,
these activities which are of limited duration.
L.
1. One (I) Temporary Sign announcing the development and availability of ,....,
lots and/or buildings, or one (1) temporary sign identifying architects, l I
engineers, contractors, or suppliers may be permitted provided the sign
does not exceed a total surface area of thirty-two (32) square feet in ..,
surface area, does not exceed more than sixteen (16) feet in height, and is l J
not less than two (2) feet above ground. Such signs shall be setback
at least ten (10) feet from the front property lines, and shall not be located ..,
in any required side yard. Such signs shall be allowed for three (3) years "'
from the date of original Building Permit issuance, or until eighty-five ,....,
(85) percent of the construction in the development is completed, which
ever occurs first, unless otherwise specifically provided in this article. LJ
,...,
2. One (I) Temporary Sign related to the sale, rent or lease ofan individual
parcel or lot may be permitted provided it does not exceed eight (8) square LJ
feet in surface area. Multiple family dwellings may have one (1) wall sign n
with a surface area not to exceed five (5) percent of the wall to which it is LJ
attached, and shall be removed when the intended purpose has been
fulfilled. ,...,
LJ
Setback requirements may be waived for such free standing signs,
provided they are located on private property ""ith the express consent of ,...,
the property owner, and provided that they do not impede safety by LJ
obstructing vision of pedestrians or motor vehicle operators.
,....,
.., One (I) Temporary Signs for non-commercial announcements by civic LJ
-'.
.' groups shall not exceed thirty-two (32) square feet in surface area. Larger ,....,
signs, up to sixty-four (64) square feet for citywide and free community
events may be permitted provided they are removed within ten (10) days. L'
n
Setback requirements may be waived for such signs provided that they are , J
located on private property with the express consent of the property owner,
and provided they do not impede safety by obstructing vision of n
pedestrians or motor vehicle operators. LJ
4. One (I) Temporary Sign per commercial/industriaJ'zoning district not to ,...,
exceed thirty-two (32) square feet in surface area per lot shall be permitted LJ
for a period not to exceed thirty (30) days per calendar year.
,...,
B. Residential Districts (M-I, M-2, R-I, R-2, R-3, R-4 and R-MPH). LJ
TYru<: Area Identification, Residential Identification and Institutional ,....,
LJ
60 ,...,
, J
-
..,
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....,
U Style: Electronic Message Board (Institutional Uses Only), Free-
Standing, Pedestal and Wall
,.., Size: One (I) Residential Identification Sign not to exceed four (4)
~J square feet in surface area per single family residential dwelling.
...., Residential Identification Sign for institutional uses. The
LJ aggregate square footage of sign space shall not exceed the sum of
two (2) square feet per front foot of the principal building.
..,
...J A maximum oftwo (2) Area Identification Signs, not exceeding
thirty-two (32) square feet in surface area per each residential
.., project or subdivision. The typical use of two (2) such signs is to
...J create a gateway effect at opposite corners of the entrance to the
...., project or subdivision. Area Identification Signs shall not be
...J located in any side or rear yard. When such signs are proposed and
constructed by an individual or firm other than the individual or
..., association who will be responsible for the maintenance, there
...J shall be a covenant prepared by the proponent establishing
responsibility, for the maintenance of the sign or signs over the
..., entire project or subdivision, to be approved by the City Attorney,
u and to be recorded on the property title(s) prior to the issuance of
the sign permit.
..,
L.J One (I) Area Identification Sign, not exceeding thirty-two (32)
square feet in surface area per multi-residential subdivision or
..., complex.
...J
...., All Area Identification Signs shall be reviewed by the Planning
and Zoning Commission prior to installation.
:..J
..., One (1) Institutional Sign, not exceeding thirty-two (32) square
:..J feet for non-residential use.
..., C. General Business District (GB).
u
TYill<: Advertising, Business Identification and Institutional
..., ~: Bench, Electronic Message Board, Flashing, Free-Standing,
:..J Illuminated, Pedestal and Wall
Size: No sign shall exceed two hundred and fifty (250) square feet in
..., surface area.
LJ
The aggregate square footage of sign space per lot shall not exceed
..., the sum of four (4) square feet per front foot of the principal
...J building.
....,
...J
61
...,
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~.
,....,
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,....,
Sign space on vacant lots shall not exceed the sum ofnvo (2) l I
square feet per front foot of lot frontage. ,....,
D. General Recreation (GR). . I
,....,
Tvpe: Advertising, Business Identification, Electronic Message Board
and Institutional LJ
~: Bench, Electronic Message Board, Flashing, Free-Standing, ,....,
Illuminated, Pedestal and Wall . J
Size: No single sign shall exceed two hundred (200) square feet in
surface area. ,....,
LJ
The aggregate square footage of sign space per lot shall not exceed
the sum of two (2) square feet per front foot of the principal ,....,
building. LJ
Sign space on vacant lots shall not exceed the sum of two (2) n
square feet per front foot of lot frontage. LJ
...,
E. Industrial (I).
LJ
~: Advertising, Business Identification ...,
.~: Bench, Free-Standing, Illuminated, Pedestal and Wall LJ
Size: No single sign shall exceed three hundred (300) square feet in
surface area. ...,
LJ
The aggregate square footage of sign space per lot shall not
exceed the sum of four (4) square feet per front foot of the ...,
principal building. LJ
Sign space on vacant lots shall not exceed the sum of two (2) ......
square feet per front foot of lot frontage. L.
n
F. Neighborhood Business (NB).
l J
~: Business Identification and Institutional ,....,
~: Bench, Free-Standing, Illuminated, Pedestal and Wall LJ
Size: No single sign shall exceed one hundred (100) square feet 'in
surface area, except Business IdentificatioI). 'Signs, which shall ...,
not exceed three hundred (300) square feet in surface area. L.J
The aggregate square footage of sign space per lot shall not exceed ,....,
the sum of three (3) square feet per front foot of the principal LJ
building.
,....,
LJ
62 n
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~
....,
..J
..,
..J Sign space on vacant lots shall not exceed the sum of two (2)
square feet per front foot of lot frontage.
..,
LJ G. Shopping Center (SC).
...., Tvpe: Business Identification and Institutional
:...J Style: Bench, Electronic Message Board, Flashing, Free-Standing,
Illuminated, Pedestal and Wall
.., Size: No single sign shall exceed one hundred (100) square feet in
..J surface area, except Business Identification Signs, which shall
...., not exceed three hundred (300) square feet in surface area.
..J The aggregate square footage of sign space per lot shall not exceed
...., the sum of three (3) square feet per front foot of the principal
...J building.
...., Sign space on vacant lots shall not exceed the sum of two (2)
...J square feet per front foot of lot frontage.
..., -10-060.0 Temporary Outdoor Promotional Events, Grand Openings and
LJ Similar Events
..., The Zoning Administrator may approve signs or other devices for the purpose of which is
~ to attract attention that do not comply with the standards of this article when such signs or
..., devices are directly related to, and a part of, temporary outdoor promotional events (grand
...J openings, carnivals, craft shows, flea markets and other similar events). Such events
shall not exceed ten (10) calendar days per year. Examples of the signage and devices
...., that may be approved in this manner are spotlights, skytrackers, balloons, portable
...J signage, and similar devices, when such signage and devices are found by the Zoning
Administrator to be in conformance with the public health, safety, and welfare. All
..., requests for approval by the Zoning Administrator responsive to this paragraph shall be
...J made with the initial application for a temporary outdoor promotional event and a fee in
support of the application as set by City Council resolution.
...,
.J
...,"
~J
....,
~
....,
...J
....,
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63
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ARTICLE V. OFF-STREET PARKI~G AND LOADING REGULATIONS. l J
"'5-010.0 Purpose r-1
, J
The purpose of off-street parking and loading requirements are: ,....,
A. To alleviate or prevent traffic congestion and shortages of on-street parking l j
spaces. ,....,
, J
B. To ensure that adequate off-street parking and loading facilities are provided
proportionally to the needs of each land use. n
LJ
C. To ensure that off-street parking and loading facilities are designed in a manner
that will ensure efficiency, safety, and where appropriate, insulate surrounding ,....,
land uses from adverse impacts commonly caused by parking areas. LJ
"'5-020.0 Required Plan ,....,
l J
Any application for site plan approval or for a building permit shall include a plot plan ,....,
dra""TI to scale and dimensioned showing off-street parking and loading space, when
required, to be provided in compliance with this Article. L'
,....,
45-030.0 Change of Use or Occupancy of Land or Building
LJ
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 C J
of land be made which are necessary for parking, parking stalls, or parking requirements
below the minimum prescribed by these zoning regulations. ,...,
LJ
Any change of use or occupancy of any building or buildings including additions thereto
requiring more parking area shall not be permitted until there is furnished such additional ,....,
parking spaces as required by these zoning regulations. L'
45-040.0 Reduction/Change of Existing Off-Street Parking Space or Lot Area ,...,
LI
Off-street parking spaces and loading spaces or lot area existing upon the effective date of n
this Ordinance shall not be reduced in number or size unless said number or size exceeds
the requirements set forth herein for a similar new use. LI
r-1
Site plan approval is required for any change or reduction of parking or loading spaces. LJ
45-050,0 Design and Development Standards n
l J
Parking areas shall be designed so that vehicles may enter, circulate, park and exit in a
convenient and safe fashion. All loading spaces shall be sufficient to meet the ,....,
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64 n
, ,
....,
..J
....,
L.J requirements of each use and shall provide adequate space for storage and maneuvering
of the vehicles it is designed to serve.
,..,
:..J No off-street parking space in any business, commercial or industrial district shall be
utilized for the open storage of goods or for the storage of vehicles which are inoperable,
...., for sale or rent, unless approved by City Council.
U
The following minimum design standards for parking areas shall apply:
...,
..J A. Aisle Standards.
..., I. Aisles adjacent to or giving access to perpendicular parking spaces or
..J diagonal parking spaces having angles less than ninety (90) degrees but
" greater than sixty (60) degrees shall be at least twenty-four (24) feet in
width.
..J
..., 2. Aisles adjacent to or giving access to parking spaces having angles of
..J sixty (60) degrees or less shall be at least nventy (20) feet in width.
..., .., Drives providing circulation between parking bays or aisles shall have a
-'.
....J minimum inside turning radius of sixteen (16) feet for drives used by
passenger vehicles and a minimum inside turning radius of twenty-five
..., (25) feet for drives used by semi-trailers or commercial delivery trucks.
....J
B. Curb-Cut/Access Standards.
-,
....J I. General Review of Curb Cuts.
...,
,j All proposed curb cuts along streets shall be reviewed for approval by the
City Engineer, and if necessary the County Engineer.
...,
~ 2. Location of Curb Cuts.
..., No curb cut access shall be located less than sixty (60) feet from the
...J intersection ofnvo (2) or more street right-of-way (measured from the
intersection of lot lines).
...,
~j Driveway access curb openings on a public street shall not be less than
forty (40) feet from one another, except for residerJ.tial or multiple zoned
-, property.
u
..., No residential curb cut/access shall be created directly onto any street of
collector status or greater unless approved by the City Engineer.
_J
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65
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~
,....,
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,....,
~ Driveway Width (Right-of-\Vay). , ,
-'.
,....,
a. Residential.
, ,
No residential driveway located on a cul-de-sac shall exceed r-1
. twenty-four (24) feet in width at the street curb to the right-of- "'
way/property line. All other residential driveway widths shall not
exceed thirty (30) feet in width at the street curb to the right-of- ,....,
way/property line. , ,
b. Non-Residential. ,....,
LJ
No non-residential driveway shall exceed thirty (30) feet in width ,...,
at the street curb to the right-of-way/property line.
l J
4. Curb Cut and Driveway Setback Requirements. n
Residential. LJ
a.
n
Curb cut openings and driveways shall be a minimum of five (5) LJ
feet from the side yard property line.
n
b. Non-Residential. LJ
Curb cut openings and driveways shall be a minimum often (10) ,....,
feet from the side yard property line. l J
5. Number of Curb Cuts Per Property. n
l .
All non-residential properties shall be allowed one (1) curb ,....,
cut/access for each one hundred twenty-five (125) feet of street
frontage. LJ
n
Multiple dwelling located in an M-l or M-2 zoning district shall be limited L'
to one (1) curb cut/access for each one hundred nventy five (125) feet
of street frontage unless otherwise approved by the City pursuant to a n
Planned Unit Development. , ,
Single family residential properties shall be allowed one (1) curb .--,
cut/access. One (I) additional curb cut/access may be granted if approval LJ
is made in writing to the property owner by the City Engineer.
n
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66 n
, ,
,...,
u
..,
LJ C. Parking Lot and Aisle Grades.
.., The grade elevation of any parking area, driveway or aisles shall not be less than
LJ one (1) percent or exceed five (5) percent.
,.., D. Surfacing.
LJ
All driveways, off-street parking, loading, parking and storage areas shall be
.., surfaced in accordance with the standard specifications as adopted by the City
LJ Council and on file with the office of the City Engineer. Plans for surfacing shall
.., be submitted to the City Engineer for review and approval. The fol1owingo<lU'e1~
.J exempt from this paving requirement:
.., 1. Farm operations or dwellings.
LJ 2. City parks (if appro\'.eAl:>..Y City Council).
,
LJ E. Striping.
..., Except for single-family, two-family and townhomes,- all parking stalls shall be
~ marked with white or yellow painted lines not less than four (4) inches wide.
...., F. Lighting.
l~
All off-street parking areas for residential uses of twelve (12) or more spaces and
...., all off-street parking for non-residential uses shall be equipped with operable
~ lighting designed to illuminate the entire surface of the parking area to a minimum
, level of one (1) foot candle at ground level. City parks, upon approval of the City
.J Council may be exempt from this requirement.
, Lighting used to illuminate off-street parking shall not be directed upon the public
~ right-of-way or adjacent properties.
-, G. Curbing.
.J
All driveways, loading areas, parking areas and storage areas shall be bounded by
" poured-in-place concrete curb and gutter for the purpose of traffic control,
.J drainage control, protection of pedestrian movement, protection of landscaped
features, aesthetics and maintenance prevention as deemed necessary by the
, Andover Review Committee. All residential uses (with the exception of multi-
.J family) are exempt from this requirement.
, The City may require poured-in-place concrete traffic safety islands when
~ necessary to maintain a safe and orderly flow of traffic within the parking lot.
-,
J
.~ 67
-,
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,...,
The design and placement of islands shall be approved by the Andover Review ' ,
Committee. ,....,
H. Screening Standards. '-,
n
All off-street parking lots containing four (4) or more spaces may be required to L'
be fully screened from an adjacent residential zoned district. Said screening shall
consist of a solid fence or wall, landscaping earth berm or natural features (trees, ,....,
etc.). The use and type offence, landscaping and natural features shall be , J
approved by the Andover Review Committee.
,...,
1. Maintenance. ~ ,
It shall be the responsibility of the property owner to maintain in a neat and n
adequate manner the driveways, parking spaces, curbing, access ways, striping LJ
and required screening. ,...,
J. Location and Setbacks. LJ
,...,
All off-street parking facilities required by this Ordinance shall be located and LJ
meet the following requirements:
,...,
1. Required off-street parking space shall be provided on the same lot LJ
as the principal building or use is located.
,....,
2. Head-in parking, directly off of and adjacent to a public street, with each LJ
stall having its own direct access to the public street, shall be prohibited, .
except for single family, two-family and townhomes. ,....,
LJ
.., In business, commercial, industrial or multi-family residential districts the
-'.
,...,
required setbacks for off-street parking shall be as follows:
LJ
Yard Adjacent to Public Right-of Way: 20 feet ,...,
Yard Adjacent to Residential District: 20 feet
Front Yard 20 feet ' ,
Side Yard (Interior Lot Line) 10 feet ,...,
Rear Yard 10 feet l .
45-060,0 Required Number of Off-Street Parking Spaces' ,...,
l .
Off-street parking areas of sufficient size to provide parking for patrons, customers,
suppliers, visitors and employees shall be provided on the premises of each use. The r"
minimum number of required off-street parking spaces for the following uses shall be ,
indicated as stated in Table 45-060-01 of this Article.
r-
l.
68 ..-'
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....,
..J
..,
...J Table 45-060-0 I
.., Schedule of Minimum Required Off-Street Parking Spaces
~ Number of Parking Spaces Required for Unit of Measurement
...., Use or Use Category Total # , Unit
..J . Spaces
Residential ,
.., a. Dwelling
..J Single Family 2 ,dwelling
Two Family 2 . dwelling
...., b. Townhomes . 2 dwelling
..J c, Multi-Family (M-l or M-2 District) 2 ' dwelling
d. Senior Citizen or Congregate Housing . 1 . dwelling
.., e, Boarding or Lodging Houses 1 i4 beds
~ i i
Educational. Cultural and Institutional I I
..., a. Convalescence or Nursing Homes 1 ! 2 beds
b, Golf Courses. Tennis. Swimming. Fitness Clubs 1 ! 100 square feet of floor area, and
LJ 6 tennis/racquetball or other court
c. High Schools or Colleges 1 ' 5 students and
...,
1 . teacher/professor
L.J d, Hospitals 1 . 2 beds, and
1 I each employee on the maximum shift
.., e, Middle, Elementary and Nursery Schools 2 I classroom, and
~ 1 ,50 students
f, Municipal Buildings (Libraries. Community Center. etc,) 1 : 300 square feet of floor area
.., g. Places of Worship 1 3 seats, main seating area
U
Non-Residential
.., a. Animal Hospitals 4 500 square feet of floor area
LJ b. Automobile, Trailer. Marine. Implement Repair or Sales 6 500 square feet of floor area .
c. Banks and Similar Financial Institutions 6 ' 1,000 square feet of floor area
.., d. Bowling Alley 5 ' per alley
LJ e, Car Wash (in addition to required stacking)
1, Automatic Drive-Through 5 i 1 employee on the maximum shift, and
.., 2. Self Serviced 1 ; per bay
...J f. Clinics . 1 .200 square feet of floor area
g, Clubs. Studios. Lodges, Museums or Galleries 1 200 square feet of floor area
.., h, Drive-In Establishment and Convenience Food 1 100 square feet of floor area (but not less than 15 spaces)
...J i, Funeral Homes 1 5 seats
j. Furniture and Appliance Stores 1 350 square feet of floor area
.., k. Manufacturing or Processing Plant 1 200 square feet of floor area, and
LJ 1 each company owned vehicle
I. Motels, Hotels (Excluding Restaurants, Meeting Rooms. Etc.) . 1 sleeping unit. and
.., 1 ; each day shift employee, and
U 1 40 square feet of meetinglbanquet rooms
---
m, Office and Professional Buildings 1 200 square feet of floor area
.., n. Restaurants (Night Clubs. Clubs) 1 2,5 seats, and
LJ 1 , 15 square feet of counter area
0, Retail Sales Establishments 1 ; 200 square feet of floor area. and
.., 69
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Table 45-060-01
Schedule of Minimum Required Off-Street Parking Spaces (Continued) ,....,
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,....,
i 1 i 1 employee on maximum shift
p. Service Garage (Auto Repair) ! 4 I per stall, and LJ
1 each day shift employee
q. Service Stations (Gasoline) 2 per gas pump, and ,....,
! 1 I each day shift employee l J
;
r. Shopping Center : 6 11.000 square feet of floor area
s. Assembly Hall, Auditorium, Cinema. Theatre or Sport Arena ! 1 13 seats ,....,
l. Warehousing 1 i 2.000 square feet of floor area. and LJ
, 1 11 employee on maximum shift
I
u. Wholesaling i 1 12.000 square feet of floor area, and ~
I 1 1 employee on maximum shift . LJ
v. All Other Commercial Uses 5 1.000 square feet of floor area, and
I 1 1 employee on maximum shift ~
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..,
...J In computing the number of parking or loading spaces required. the following rules shall
apply:
....,
..J I. Floor space shall mean the gross floor area of the specific use.
.., 2. Where fractional spaces result, the parking spaces required shall be
..J construed to the nearest whole number.
.., .., The parking or loading space requirement for a use not specifically
-'.
..J mentioned herein shall be the same as required for a similar use as
...., determined by the City Council.
,
..J 4. When a structure or building contains two (2) or more use types, each use
...., shall be calculated separately to determine the total number of off-street
~ parking spaces required, except as provided for Shopping Centers.
..., 45-070,0 Reduced Parking Facilities
~
When demonstrated to the satisfaction of the City Council that up to ten (10) percent of
...., the number of parking spaces required by this Ordinance would not be needed for the
:..J particular use in question, a reduced number of parking spaces may be approved by the
. City Council provided the applicant of such use demonstrates supporting data specifically
...., applying to the particular use and the need to reduce the number of off-street parking
...J spaces.
...,
45-080.0 Joint Facilities
...J
..., Off-street parking facilities for a combination of mixed buildings or uses may be
L.J provided collectively in any non-residential zoned district if the following conditions are
met:
...,
~ A. The applicant demonstrates to the City Council that, because of the hours, size
and mode of operation of the respective uses, there will be an adequate amount of
..., parking available to each use during the primary hours of operation to meet the
~ needs of such use.
..., B. The joint use of parking facilities shall be protected by covenants that run with
~ the lots housing all the joint users and the lot or lo!s on which the parking facility
.., which satisfies the parking requirements of this Ordinance. Those covenants
shall contain all of the conditions of the joint parking agreement and shall grant an
LJ easement for parking to the joint principal use lots. The manner of execution and
.., content of such covenants shall be in a form approved by the City Attorney and
, the document containing the covenants shall be recorded with the County
U Recorder or the Register of Titles for Anoka County. Parties to the covenant shall
...., reimburse the City for the costs of legal review.
~
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C. Total required parking spaces for the joint use shall be based on the combined LJ
peak requirement and shall not be fewer than the minimum Ordinance ,.,
requirements for the use which requires the most parking. Joint parking
arrangements shall not qualify for "proof of parking" reductions as stated in l ,
Section 45-070.0. ,....,
LJ
D. Any change in use or in the conditions of the joint parking agreement nullifies the
agreement. Any parties to the nullified agreement which cannot meet the required ,...,
parking shall become illegal uses and shall lose their Certificate of Occupancy. LJ
45-090.0 Off -Site Parking ,...,
LJ
All requests for off-site parking shall meet the requirements of this Ordinance and shall
require a Conditional Use Permit approved by City Council. ,...,
LJ
45-100,0 Off-Street Loading and Unloading Areas
n
A. Location. LJ
n
All loading berths shall be off-street and shall be located on the same lot as the LJ
building or use to be served. A loading berth shall not be located less than
twenty-five (25) feet from the intersection of two (2) street right-of-ways nor less n
than one hundred (100) feet from a residential zoned district unless within a LJ
building. Loading berths shall not occupy the required front yard area and shall
not be located in any required front yard. n
LJ
B. Size.
,...,
Unless otherwise specified in this Ordinance, a loading berth shall not be less than LJ
twelve (12) feet in width, fourteen (14) feet in height, and sixty (60) feet in length.
Loading berths shall not encroach upon any fire lane or driving aisle and all ,...,
maneuvering for off-street loading areas shall be accomplished on private ' LJ
property. n
C. Access. LJ
n
Each loading berth shall be located with appropriate means of vehicular access to LJ
a public street or right-of-way in a manner which will least interfere with traffic.
,...,
D. Surfacing. LJ
All loading berths and access ways shall be improved with a durable material to ,...,
control the dust and drainage according to a plan approved by the City Engineer. LJ
,....,
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J E. Traffic Control.
...., The traffic generated by any use shall be channeled and controlled in a manner
.J that will minimize congestion on public streets, traffic and traffic through
residential districts. Internal traffic within parking lots shall be regulated as to
.., ensure its safe and orderly flow.
.J
F. Required Number of Loading Berths.
,..,
J 1. Retail, Service and Industrial Uses.
....,
..J Square Feet of Aggregate Required Number of
Gross Floor Area Berths
..,
u 10,000 to 40,000 1
40,001 to 100,000 2
.., 100,001 to 160,000 ..,
-'
u 160,001 to 240,000 4
240,001 to 320,000 5
..., 320,001 to 400,000 6
.-.J 400,001 to 490,000 7
.., For each additional 90,000 over 490,000 1
LJ
2. Auditorium, Assembly Hall, Hotel, Restaurant, Office Building, or
..., Sports Arena.
u
.., Square Feet of Aggregate Required Number of
Gross Floor Area Berths
~J
~, 10,000 to 150,000 1
u 150,001 to 400,000 2
400,00 I to 660,000 3
..., 660,001 to 970,000 4
LJ 970,00 I to 1,300,000 5
1,300,001 to 1,630,000 6
.-, 1,630,001 to 1,960,000 7
u 1,960,001 to 2,300,000 8
..., For each additional 350,000 over
LJ 2,300,000 1
I
U Loading areas established after the adoption of this Ordinance are prohibited
within three (300) feet of residentially zoned or guided property unless completely
.. screened by an intervening building. Loading areas not requiring screening by an
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intervening building shall be screened from adjacent residentially zoned or guided LJ
property by the use of berms, fences, or walls to provide 100 percent opacity to a ......
height of at least ten (10) feet.
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...J ARTICLE VI. LANDSCAPING REQUIREMENTS.
...., 50-010.0 Purpose
.J
The purpose of this article is to establish standards for installation of landscaping in order
..., to enhance the aesthetic appearance of commercial, industrial and multi-family residential
...J zoning districts within the City, ensure the quality, quantity, and appropriateness of
landscape materials, effect a functional and attractive design, improve compatibility
...., between land uses and preserve the character of the existing neighborhoods.
.J
50-020,0 Landscape Plan Required
...,
...J A landscape plan shall be reviewed and approved by the Andover Review Committee
...., prior to the issuance of a building permit and implemented by the property owner for any
~ new development or new building construction in any commercial, multiple family
residential and industrial zoned districts and planned unit development districts.
...,
'-.oJ The landscape plan shall include the following information:
...., A. General Contents.
-.J
I. Name and address of the developer, owner and contact person,
..., 2. Name and address of state-registered landscape architect or state certified
L.J nursery person.
.., Date of plan preparation.
-'.
.., 4. Date and description of all revisions.
...J 5. Name of project or development.
....,
B. Site Map Contents.
u
..., 1. A scaled drawing of the site based upon a survey of property lines
L1 with indication of scale and north point.
2. Name and alignment of proposed and existing streets.
...., 3. Location of all proposed and existing utility easements and rights-of way.
LJ 4. Location of existing and proposed buildings.
5. Existing and proposed location of parking areas, water bodies, sidewalks
...., and trails.
'-.J 6. Planting schedule (a table containing common names and botanical names,
size of plant materials, root specifications, quantities, and method of
..., installation).
-.J 7. Areas to be sodded.
...., 8. Location of all existing vegetation (species, size and diameter).
9. Indication of which vegetation (species, size and diameter) will be
~ removed.
.,
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C. Pertormance Guarantee.. L J
,....,
I. A performance guarantee shall be required by the City to insure
completion and maintenance of all landscaping in accordance with L.J
the approved landscape plan. r-1
2. The performance guarantee shall be approved in form as to security L,
by the City. ~
L,
3. The performance shall be in the amount of $5,000.00, subject to
modification by City Council. r-"
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4. The performance guarantee shall cover one (1) full year subsequent
to the completion of the landscaping as provided in the approved ,...,
landscape plan and shall be released only upon inspection and LJ
written notice of conformance by the City.
'- n
5. For any landscaping that is unacceptable, the applicant shall u
replace the material to the satisfaction of the City before the n
guarantee is released. Where this is not done, the City, at its sole
discretion, may use the proceeds of the performance guarantee to ' I
accomplish performance. ,....,
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50-030.0 Landscape Specifications
,....,
Planting areas within the development projects for which a landscape plan is required , J
pursuant to section 50-020.0 shall comply with the following criteria.
,...,
A. In order to achieve landscaping which is appropriate in scale with the size of a u
building and site, the minimum standards shall apply:
n
1. One (1) tree planting shall be provided for every one thousand (1,000) ~
square foot of total building floor area or one (I) tree planting for every ,.....
fifty (50) feet of site perimeter, whichever is greater.
LJ
2. A tree planting is defined as one (I) of the following (a-c): r'"
Overstory Deciduous Tree 2 1/2 inch diameter u
a.
b. Omamental Trees 1 1/2 inch diameter n
c. Coniferous Tree 8 feet in height I.
B. The City may require a mixture of new planting tree species (coniferous, n
deciduous, ornamental, etc.) be provided on site. , J
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...J C. The City may require the new tree planting species to be similar to those species
that are proposed to be removed from the site.
,..,
..J D. The landscape plan shall be reviewed and approved by the Andover Review
Committee.
..,
..J 50-040.0 Maintenance of Landscape
...., Planting areas shall be maintained, including weeding, pruning, trimming, edging,
..J fertilizing, insect control, and replacement of plant materials as needed to preserve the
.., health and appearance of plant materials. Trees, shrubs, and plants which, due to
..J accident, damage, disease, or other cause, fail to show a healthy grow shall be replaced.
Replacement tree plantings shall conform to all of the standards which govern the
...., original tree planting installation.
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ARTICLE VII. ~ON-CONFOR..'UNG USES AND STRUCTURES. LJ
,....,
50-010.0 Purpose
L'
The specific purposes of this article are: ,....,
L'
A. To limit the number and extent of non-conforming uses which cont1ict with the
provisions of this Ordinance by restricting their enlargement, alteration or ,....,
restoration after destruction. LJ
B. To eliminate non-conforming uses or provide for their alteration to conform with r-1
the provisions of this Ordinance. L.
C. To prevent these structures from becoming blighted and having a detrimental ,....,
impact on surrounding neighborhoods. LJ
To allow for the reconstruction of existing residential uses that are less than fifty ,...,
D.
(50%) percent destroyed in residential zones. LJ
,.,
E. To allow for minor additions to non-conforming structures containing conforming
uses, provided there is no increase in the degree of nonconformity ""ith respect to LJ
the development standards for the zone in which the property is located. ,.,
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50-020,0 Non-Conforming Uses
,..,
The provisions of this section apply only to uses which were lawful when initially "
established. Conforming uses located within structures or on sites which do not conform
to development standards such as density, parking, height, landscaping, or open space, ,.,
shall be subject to Section 50-030.0 (Non-Conforming Structures) and shall not be LJ
subject to the standards of this section. ,...,
A. Continuation or Replacement of a Non-Conforming Use. ~
,...,
A non-conforming use may continue provided there are no structural alterations to
the structure in which the use is located except for those required by the Building LJ
Official, and except those approved pursuant to subsection (B) of this section. An r'"
existing non-conforming use may not be changed to another non-conforming use. L J
B. Structural Alterations and Minor Additions to a Non-Conforming Use. r-1
LJ
Minor structural alterations or additions to a non-conforming use may be
approved by the City Council subject to the following criteria: ,....,
LJ
1. The alteration or addition shall not adversely impact surrounding property.
,.,
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78 ,.,
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, The alteration or addition shall not increase the degree of nonconformity
~ -.
including, but not limited to, density, building height, floor area ratio,
,.., parking and setback requirements.
~
.., The alteration or addition shall not decrease the future capability of the
-'.
,.., structure to allow replacement by a conforming use.
~
4. The alteration or addition shall not substantially increase the useful life of
...., the non-conforming structure.
~
5. The alteration or addition is consistent with the Comprehensive Plan.
....,
~ C. Adding Additional Uses.
-,
~ While a non-conforming use exists on any lot, no additional use may be
established thereon even though such other use would otherwise be a permitted
-, use.
u
D. Discontinuance of Uses.
...,
u A non-conforming use which has been suspended or discontinued for a
continuous period of at least one (1) year shall automatically expire. A non-
..., conforming use which has been changed to a conforming use for a continuous
..J period of six (6) months or more shall not be re-established.
..., E. Re-establishment of Use in Structures Partially Destroyed.
:..J
..., A non-conforming use in a structure damaged more than fifty (50%) percent or
u more of its square footage (as determined by the Building Official) may not be re-
established. Any new structure shall conform to all the requirements of City
..., ordinances upon reconstruction.
u
50-030.0 Non-Conforming Structures
...,
L-J This section shall apply only to non-conforming structures which were lawful when
initially established. Any legal non-conforming use shall be subject to Section 50-020.0
..., (Non-Conforming Uses) and shall not be subject to the standards of this section.
u
A. Continuation of Non-Conforming Structure.
-,
L-J Where a use is conforming but the structure is non-conforming because it does not
.., comply with the development standards for the zone in which is located, such
L.J use may continue, but the structure shall not be structurally altered.
....,
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B. Floor Area Additions. LJ
,....,
Any addition of floor area to the structure shall meet the full requirements for the
zone in which it is located, and also shall not increase the degree of LJ
nonconformity of the structure as a whole with regard to density, building height, ,....,
floor area ratio, or off-street parking. LJ
C. Reconstruction of Non-Conforming Structures Partially Destroyed. n
LJ
A non-conforming structure destroyed to the extent of fifty (50%) percent or more
of its square footage (as determined by the Building Official) if rebuilt shall n
conform to all of the requirements of City ordinances upon reconstruction. l_J
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...,
u ARTICLE VIII. ADMINISTRATION.
...., 60-010.0 Zoning Amendments
..J
The purpose of this section is to set forth the method by which zoning regulations of this
,.., Ordinance may be amended.
u
A. Initiation of Amendments.
...,
~ Amendments to the zoning regulations may be initiated by:
..., 1. Action of the City Councilor Planning and Zoning Commission.
u
...., 2. Recommendation by the Zoning Administrator or City Attorney.
u
B. Notice of Public Hearing.
....,
LJ Notice of public hearing before the Planning and Zoning Commission shall be
given as follows:
...,
u Where a zoning regulation amendment is proposed, a minimum of one (1) public
hearing shall be held before the Planning and Zoning Commission. Notice of
..., zoning regulation amendment shall be given by publication at least once in the
L.J official newspaper, not less than ten (10) calendar days prior to the date of the
..., public hearing.
u C. Decision of Planning and Zoning Commission.
...,
.J Following the public hearing, the Planning and Zoning Commission shall
recommend approval or disapproval of the amendment to the City Council.
....,
L.J The Planning and Zoning Commission may require that a new public hearing be
held or the same hearing be continued in order to receive additional information
..., or other sources to make a decision or recommendation to the City Council.
LJ
Once the Planning and Zoning Commission has completed its hearings and a
..., recommendation for approval or disapproval of the zoning regulation amendment
u is made, the matter shall be directed to the City Council on or before the next
..., regular meeting of the City Council following such date of the hearing. The City
Council shall consider the recommendation of the Planning and Zoning
u Commission and either approve or deny the zoning regulation amendment.
....,
u
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r-1
60-020.0 Zoning 'lap Amendments (Rezonings) L'
r-1
The purpose of this section is to set forth the method by which the zoning map of this
Ordinance may be amended. LJ
,....,
A. Initiation of Amendments.
L'
Zoning Map Amendments or Rezonings may be initiated by: ,....,
l.
1. Action of the City Councilor Planning and Zoning Commission.
n
2. Application. The applicant shall file with the Planning and Zoning LJ
Department a completed application on a form provided by the Planning
and Zoning Department. Upon the filing of the application, the applicant n
shall pay a fee, as set forth by resolution of the City Council. u
If property that is the subject of an application is in more than one n
a.
(I) ownership, all of the owners or their authorized agents shall u
join in filing the application. ,..,
b. A map showing the location and street address of the property that LJ
is the subject of the amendment shall be submitted along with the n
completed application. LJ
c. If the proposed Zoning Map Amendment (Rezoning) is ,..,
inconsistent with the Comprehensive Plan, an amendment to the LJ
Comprehensive Plan must be approved by the Metropolitan
Council prior to any Zoning Map Amendment (Rezoning) approval n
by the City Council. u
d. A Zoning Map Amendment (Rezoning) which has been denied n
by the City Council shall not be re-submitted until one (1) year has LJ
elapsed from the date the previous application was denied as stated n
in the resolution.
LJ
B. Notice ofpublic Hearing. n
Notice of public hearing before the Planning and Zoning Commission shall be LJ
given as follows: ,..,
LJ
Where an application has been filed by the property owner for a Zoning Map
Amendment (Rezoning), the application shall be set for at least one (I) public n
hearing before the Planning and Zoning Commission. The Planning and Zoning L.
Commission shall consider the amendment at its next regular meeting, but not
earlier than seven (7) days from the date the application was submitted (as stated ,....,
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~ in the application) to the Planning and Zoning Department. Notice of Zoning
Map Amendment (Rezoning) shall be given as follows:
,..,
~ 1. By publication at least once in the official newspaper, not less than ten
..., (10) calendar days prior to the date of the public hearing; and
..J 2. By mailing a written notice thereof, not less than ten (10) days prior to the
.., date of such hearing to the owner of the subject property and to the owners
LJ of properties within three hundred and fifty (350) feet of the exterior
boundary of the subject property or properties within the Metropolitan
..., Urban Service Area, and to the owners of properties within five hundred
c...J (500) feet of the exterior boundary of the subject property or properties
outside the Metropolitan Urban Service Area; such notices shall be sent by
..., first class mail, with postage prepaid, using the addresses from the last
L.J adopted tax roll, if available.
--, 3. Any Zoning Map Amendment (Rezoning) that affects land adjacent to or
L.J across a public right-of-way from an adjoining community shall be
referred to the adjacent community for review and comment prior to action
..., by the City Council granting or denying the application. A period of at
L.J least thirty (30) days shall be provided for receipt of comments.
..., C. Criteria.
~
..., Before a Zoning Map Amendment (Rezoning) may be granted, the application,
o...J therefore, shall be referred to the Planning and Zoning Commission for the
purposes of evaluation against the criteria of this subsection. The Planning and
'"""1 Zoning Commission shall make a recommendation to the City Council.
L.J
The Planning and Zoning Commission shall review the application and consider
..., its conformance with the following standards:
c...J
1. Consistency with the Comprehensive Plan.
...,
~ 2. The effect the proposed zoning has on the health, safety, morals and
..., general welfare of occupants of surrounding lands.
L.J .., The existing and anticipated traffic conditions including parking facilities
-'.
,.., on adjacent streets and land.
-...J 4. The effect on values of property and scenic views in the surrounding area.
....,
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D. Decision of Planning and Zoning Commission. L'
,....,
Following the public hearing, the Planning and Zoning Commission shall l J
recommend approval or disapproval of the amendment to the City Council.
,....,
The Planning and Zoning Commission may require that a new public hearing be L'
held or the same hearing be continued in order to receive additional information
from the applicant or other sources to make a decision or recommendation to the ,....,
City Council. L.
Once the Planning and Zoning Commission has completed its hearings and a ..,
recommendation for approval or disapproval of the Zoning Map Amendment LJ
(Rezoning) is made, the matter shall be directed to the City Council on or before
the next regular meeting of the City Council following such date of the hearing. n
The City Council shall consider the recommendation of the Planning and Zoning LJ
Commission and either approve or deny the Zoning Map Amendment (Rezoning). n
E. Deadline for City Action. LJ
n
Except as otherwise provided in this section and nonvithstanding any other law to LJ
the contrary, the City must approve or deny within sixty (60) days a written
request for a Zoning Map Amendment (Rezoning). Failure for the City to deny a n
request within sixty (60) days is approval of the request. If the City denies the LJ
request, it must state in writing the reasons for the denial at the time that it denies
the request. The time limit begins upon the City's receipt of a written request ,..,
containing all information required by law or by previously adopted rule, LJ
ordinance, or policy of the City. If the City receives a written request that does
not contain all the required information, the sixty (60) day limit starts over only if ,..,
the City sends notice within ten (10) business days of receipt of the request telling LJ
the requester what information is missing. n
1. If the action requires the approval of more than one (1) state agency in the LJ
executive branch, the sixty (60) day period begins to run for all executive ,....,
branch agencies on the day a request containing all required information is
received by one (1) state agency. Once the City receives the request it LJ
must forward copies to other state agencies whose approval is required. ,.,
LJ
2. A City response meets the sixty (60) day time limit if the City can
document the response was sent within sixty (60) days of receipt of the n
written request. LJ
.., The sixty (60) day time limit is extended if a state statute, federal law, or ,..,
-'.
court order requires a process to occur before the City acts on the request, LJ
and the time periods prescribed in the state statute, federal law, or court ,....,
order make it impossible to act on the request within sixty (60) days. In
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LJ cases described in this paragraph, the deadline is extended to sixty (60)
days after completion of the last process required in the applicable statute,
..., law, or order. final approval of the City receiving a request is not
..J considered a process for purposes of this paragraph.
..., 4. The sixty (60) day time limit is extended if:
..J
a. A request submitted to a state agency requires prior approval of a
..., federal agency; or
...J
..., b. An application submitted to a city, county, town, school district,
..J metropolitan or regional entity, or other political subdivision
requires prior approval of a state or federal agency.
...,
..J In cases described in this paragraph, the deadline for City action is
extended to sixty (60) days after the required prior approval is granted.
...,
~ 5. A City may extend the timeline before the end of the initial sixty (60) day
period by providing written notice of an extension to the applicant. The
..., notification must state the reasons for the extension and its anticipated
,J length, which may not exceed sixty (60) days unless approved by the
..., applicant.
...J 60-030,0 Conditional Use Permits
...,
~ The purpose of a Conditional Use Permit shall be to review certain uses possessing
unique characteristics, as listed in Article 2 of this Ordinance, to insure that the
..., establishment or significant alteration of those uses will not adversely affect surrounding
...J uses and properties nor disrupt the orderly development of the community. The review
shall be for the further purpose of stipulating such conditions regulating those uses to
..., assure that the criteria of this section are met.
0
The City Council may by resolution grant Conditional Use Permits when such permits
..., are authorized by other sections of this Ordinance and may impose conditions and
LJ safeguards in such permits to protect the health, safety and welfare of the community and
-., assure harmony with the Comprehensive Plan of the City.
~ Conditional Use Permits that are granted by the City Council are temporary in nature and
" shall be granted to a designated person. Conditional Use Permits are not transferable
..J from one person to another or from address to address.
...., A. Application.
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The applicant shall file with the Planning and Zoning Department a completed
...., application form provided by the Planning and Zoning Department. Upon the
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,....,
filing of the application. the applicant shall pay a fee, as set forth by resolution of LJ
the City Council. ,....,
A Conditional Use Permit which has been denied by the City Council shall not be LJ
re-submitted until one (1) year has elapsed from the date the previous application ,....,
was denied as stated in the resolution.
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B. Notice of Public Hearing. ,....,
l J
Where an application has been filed by the property owner for a Conditional Use
Permit, the application shall be set for at least one (1) public hearing before the ,....,
Planning and Zoning Commission. The Planning and Zoning Commission shall LJ
consider the application at its next regular meeting, but not earlier than seven (7)
days from the date the application was submitted (as stated in the application) to n
the Planning and Zoning Department. Notice of public hearing before the u
Planning and Zoning Commission shall be given as follows: n
1. By publication at least once in the official newspaper, not less than ten u
(10) calendar days prior to the date of the public hearing; and n
2. By mailing a written notice thereof, not less than ten (10) days prior to the u
date of such hearing to the owner of the subject property and to the owners n
of properties within three hundred and fifty (350) feet of the exterior LJ
boundary of the subject property or properties within the Metropolitan
Urban Service Area, and to the owners of properties within five hundred ,....,
(500) feet oftne exterior boundary of the subject property or properties L'
outside the Metropolitan Urban Service Area; such notices shall be sent
by first class mail, with postage prepaid, using the addresses from the last ,....,
adopted tax roll, if available. u
C. Criteria. ,....,
u
Before a Conditional Use Permit may be granted, the application, therefore, shall ,....,
be referred to the Planning and Zoning Commission for the purposes of
evaluation against the criteria of this subsection. The Planning and Zoning LJ
Commission shall make a recommendation to the City Council. ,....,
The Planning and Zoning Commission shall review the application and consider LJ
its conformance with the following standards: n
LJ
1. Compliance with the Comprehensive Plan.
,....,
2. The establishment, maintenance or operation of the conditional use will LJ
promote and enhance the general public welfare and will not be
detrimental to or endanger the public health, safety, morals or comfort. n
LJ
86 ,....,
LJ
-
...,
..J
....,
..J 3. The conditional use will not be injurious to the use and enjoyment of other
property in the immediate vicinity for the purposes already permitted, nor
...., substantially diminish and impair property values within the
LJ neighborhood.
,.., 4. The establishment of the conditional use will not impede the normal and
..J orderly development and improvement of surrounding property for uses
.., permitted in the zoning district.
..J 5. Adequate measures have been or \vill be taken to provide ingress, egress,
.., and parking so designed as to minimize traffic congestion on the public
~ streets.
..., 6. The conditional use shall, in all other respects, conform to the applicable
....J regulations of the zoning district in which it is located.
..., D. Decision of Planning and Zoning Commission.
c.J
Following the public hearing, the Planning and Zoning Commission shall
..., recommend approval or disapproval of the Conditional Use Permit to the City -
u Council.
..., The Planning and Zoning Commission may require that a new public hearing be
u held or the same hearing be continued in order to receive additional information
..., from the applicant or other sources to make a decision or recommendation to the
LJ City Council.
..., Once the Planning and Zoning Commission has completed its hearings and a
...J recommendation for approval or disapproval of the Conditional Use Permit is
made, the matter shall be directed to the City Council in the following manner:
...,
u 1. Recommendations from the Planning and Zoning Commission meeting
held on the second week of the month shall be placed on the agenda of the
..., City Council no later than the first week of the following month~
--J
2. Recommendations from the Planning and Zoning Commission meeting
...., held on the fourth week of the month shall be placed on the agenda no
....J later than the third week of the following month, unless there are five (5)
..., Tuesdays in the given month from which the recoIi1mendation of the
....J Planning and Zoning Commission is made, in which case the
recommendation shall be placed on the agenda of the City Council no later
...., than the first week of the following month.
..J
...,
~
...., 87
....J
~J
,...,
LJ
,....,
E. Amended Conditional Use Permits. L.
M
Holders of Conditional Use Permits may propose amendments to the permit at LJ
any time to the Planning and Zoning Commission and City Council. The
procedures and criteria used to amend a Conditional Use Permit are the same for a ,....,
new Conditional Use Permit as set forth in this section. LJ
The Zoning Administrator shall determine what constitutes a change in the n
permit. Changes include, but are not limited to, hours of operation, number of l J
employees, expansion of structures and/or premises, different and/or additional
signage, and operational modifications resulting from increased external ,....,
activities and traffic, and the like. The City Council may approve changes and LJ
modifications to Conditional Use Permits, including the application or revised n
conditions.
LJ
F. Review and Renewal. n
All conditional uses for which permits have been authorized by the City Council LJ
are subject to periodic review by the Zoning Administrator. Certain conditional n
uses may be subject to specified periods of review and renewal as a condition of LJ
the permit.
n
Conditional Use Permits granted by the City Council shall be valid for one (1) LJ
year from the date of issuance (unless otherwise specified in the resolution), and
thereafter shall be automatically renewed each year unless there have been ,....,
substantiated complaints and cited violations involving the use. In this case, the LJ
Zoning Administrator shall refer the Conditional Use Permit to the Planning and
Zoning Commission to consider revocation of the permit as stated in subsection ,....,
(G) of this section. LJ
The Zoning Administrator shall have the right at any tirne, upon reasonable n
request, to enter and inspect the premises covered by the Conditional Use Permit LJ
for safety and compliance purposes. ,...,
lJ
G. Revocation.
n
The Planning and Zoning Commission may recommend, and the City Council LJ
may direct the revocation of any Conditional Use Permit for cause upon
determination that the authorized conditional use is not in conformance with the n
conditions of the permit or is in continued violation of this Ordinance, other City LJ
ordinances, and other applicable policies or regulations adopted by the City.
,....,
Tlie Planning and Zoning Commission shall schedule a public hearing in the LJ
manner set forth in subsection (B) of this section and shall notify the responsible ,....,
person to whom the permit was issued.
LJ
88 ,...,
"'
~
...,
..J
...,
..J At any hearing on revocation or modification, the permittee and any other person
whose property rights are affected by revocation, modification, or continuance of
..., the exercise of rights under the approval, shall have the right to produce any
LJ arguments and introduce any evidence in support of their position.
,.., The Planning and Zoning Commission shall make a report to the City Council
..J following the hearing including a recommendation and the reasons therefore.
The City Council shall consider the report from the Planning and Zoning
.., Commission and shall, by resolution, declare its findings as to whether the
...J Conditional Use Permit shall be revoked on one (I) or more of the following
..., grounds:
...J 1. That the approval was obtained by fraud or misrepresentation.
...,
2. That the use for which such approval was granted has ceased for a period
.J of at least twelve (12) consecutive calendar months.
...,
u 3. That changed circumstances have rendered exercise of the approval as
originally granted infeasible or inimical to the health, safety and welfare of
..., the community.
,-1
4. That there has not been compliance with the terms and conditions of the
..., approval.
...J
5. That exercise of the approval violates any State, Federal or local statute or
..., regulation.
.~
..., 6. That exercise of the rights under the approval is detrimental to the health,
.J safety and welfare of the community.
..., 7. That exercise of the rights under the approval constitutes a nuisance.
LJ
The Zoning Administrator shall provide the responsible person to whom the
..., permit was issued a copy of the proceedings and findings of the Planning and
...J Zoning Commission and City Council.
..., H. Deadline for City Action.
.J
..., Except as otherwise provided in this section and notwithstanding any other law to
the contrary, the City must approve or deny within sixty (60) days a written
LJ request for a Conditional Use Permit. Failure for the City to deny a request within
..., sixty (60) days is approval of the request. If the City denies the request, it must
...J state in writing the reasons for the denial at the time that it denies the request.
The time limit begins upon the City's receipt ofa written request containing all
..., information required by law or by previously adopted rule, ordinance, or policy of
..J
89
...,
.J
~
,....,
"'
.....
the City. If the City receives a \VTitten request that does not contain all the '-,
required information, the sixty (60) day limit starts over only if the City sends ,....,
notice within ten (I 0) business days of receipt of the request telling the requester
what information is missing. LJ
,....,
I. If the action requires the approval of more than one (I) state agency in the
executive branch, the sixty (60) day period begins to run for all executive ,-J
branch agencies on the day a request containing all required information is r-1
received by one (1) state agency. Once the City receives the request it '-,
must forward copies to other state agencies whose approval is required.
n
2. A City response meets the sixty (60) day time limit if the City can LJ
document the response was sent within sixty (60) days of receipt of the
written request. n
LJ
3. The sixty (60) day time limit is extended if a state statute, federal law, or
court order requires a process to occur before the City acts on the request, n
and the time periods prescribed in the state statute, federal law, or court LJ
order make it impossible to act on the request within sixty (60) days. In n
cases described in this paragraph, the deadline is extended to sixty (60)
days after completion of the last process required in the applicable statute, l J
law, or order. Final approval of the City receiving a request is not n
considered a process for purposes of this paragraph. u
4. The sixty (60) day time limit is extended if: n
, ,
a. A request submitted to a state agency requires prior approval of a
federal agency; or n
, J
b. An application submitted to a city, county, town, school district,
metropolitan or regional entity, or other political subdivision n
requires prior approval of a state or federal agency. u
n
In cases described in this paragraph, the deadline for City action is
extended to sixty (60) days after the required prior approval is granted. LJ
n
5. A City may extend the time line before the end of the initial sixty (60) day
period by providing written notice of an extension to the applicant. The LJ
notification must state the reasons for the extensiort and its anticipated n
length, which may not exceed sixty (60) days unless approved by the lJ
applicant.
n
'-,
,....,
LJ
90 n
l J
-
..,
.J
....,
.~ I. Conditionall"se Permit Sunset Clause (Expiration).
.., If the City Council determines that no significant progress has been made in the
.J first n,,-elve (12) consecutive calendar months after the approval of the
...., Conditional Use Permit, the permit shall be declared null and void.
.J 60-040.0 Variances
..,
.J The purpose of a variance is to authorize the development of a project which does not
meet the standards and/or regulations of this Ordinance, except that a variance shall not
...., be granted which authorizes a use or activity which is not expressly authorized by the
..J zone.
" A. Application.
~
The applicant shall file with the Planning and Zoning Department a completed
-, application form provided by the Planning and Zoning Department. Upon the
...J filing of the application, the applicant shall pay a fee, as set forth by resolution of
-, the City Council.
...J A variance which has been denied by the City Council shall not be re-submitted
...., until one (1) year has elapsed from the date the previous application was denied as
.J stated in the resolution.
.., B. Contents of Application.
..J
In addition to the application fee, a site plan, floor plan, and elevat!ons of the
..., project drawn to scale and dimensioned shall be submitted which include the
--.J following information, as applicable:
-, 1. Existing topography and proposed grading.
...J
2. Existing trees with a trunk diameter of eight (8) inches or greater.
...,
...J .., All buildings and structures, and the uses within each room.
-'.
-,
....J 4. Improvements in the public right-of-way, including location of sidewalk,
parkway, curb, gutter, street width to centerline, and dedications.
...,
..J 5. Exterior lighting.
...., 6. Easements.
..J
7. Off-street parking areas, including the stall stripes, aisles, and driveways.
....,
.J
...., -- 91
.J
~
n
LJ
..,
8. The lot dimensions. "'
,....,
9. Setbacks and spaces between buildings.
l J
10. Walls, fences, and landscaping and their location, height, and materials. ,....,
11. Landscaping areas. L'
..,
12. Trash and recycling facilities.
, ,
13. The architectural elevations of all sides of all structures depicting design, ,....,
color, materials, textures, ornaments, or other architectural features. LJ
14. The location, dimensions, and design of all signs. n
LJ
15. A section of the building as it relates to the existing topography and
proposed grading where the slope of the site is greater than four (4) feet. ,...,
LJ
16. Such other data as may be required to demonstrate that the project meets
the cri teria. ,...,
LJ
C. Notice of Public Hearing. ,...,
Where an application has been filed by the property o\"ner for a variance, the '- ,
application shall be set for at least one (1) public hearing before the Planning and ,....,
Zoning Commission. The Planning and Zoning Commission shall consider the L'
application at its next regular meeting, but not earlier than seven (7) days from
the date the application was submitted (as stated in the application) to the ,...,
Planning and Zoning Department. Notice of public hearing before the Planning LJ
and Zoning Commission shall be given as follows:
n
1. By publication at least once in the official newspaper, not less than ten LJ
(10) calendar days prior to the date of the public hearing; and n
2. By mailing a written notice thereof, not less than ten (10) days prior to the LJ
date of such hearing to the owner of the subject property and to the owners ,...,
of properties within three hundred and fifty (350) feet of the exterior LJ
boundary of the subject property or prope~ies within the Metropolitan
Urban Service Area, and to the owners of properties within five hundred ,...,
(500) feet of the exterior boundary of the subject property or properties LJ
outside the Metropolitan Urban Service Area; such notices shall be sent
by first class mail, with postage pre-paid, using the addresses from the last n
adopted tax roll, if available. LJ
r-1
L J
92 ,....,
L'
-
...,
-J
....,
-J D. Criteria.
...., Before a variance may be granted, the application, therefore, shall be referred to
-J the Planning and Zoning Commission for the purpose of evaluation against the
.., criteria of this subsection. The Planning and Zoning Commission shall make a
recommendation to the City Council. The Planning and Zoning Commission
-J shall review the application and consider its conformance with the standards and
.., regulations of this Ordinance. Variances shall be granted only when:
-J 1. There are special circumstances applicable to the property, including size,
......, shape, topography, location, or surroundings, such that the strict
--J application of the zoning provisions deprives such property of privileges
enjoyed by other property in the vicinity.
...,
...J 2. Any variance granted shall be subject to such conditions as will assure
that the adjustments thereby authorized shall not constitute a grant of
.. special privileges inconsistent with the limitations upon other properties in
-J the vicinity.
-, .., The granting of the variance shall not be contrary to the objectives of the
-'.
-J Comprehensive Plan.
..., 4. It is determined that the request is kept in spirit and intent of this
-J Ordinance and if it is determined that strict enforcement of this Ordinance
.. will cause undue hardships because of circumstances unique to the
...J individual property under consideration. Economic considerations shall
not constitute an undue hardship if reasonable use of the property exists
..., under the terms of the Ordinance.
--J
E. Decision of Planning and Zoning Commission.
~-,
--J Following the public hearing, the Planning and Zoning Commission shall
recommend approval or denial of the variance to the City Council.
~-,
...J The Planning and Zoning Commission may require that a new public hearing be
.. held or the same hearing be continued in order to receive additional information
from the applicant or other sources to make a decision or recommendation to the
--J City Council.
....,
...J Once the Planning and Zoning Commission has completed its hearings and a
recommendation for approval or disapproval of the variance is made, the matter
..., shall be directed to the City Council in the following manner:
...J
...,
...J
- 93
...,
--J
_J
r.
L.
r-1
I. Recommendations from the Planning and Zoning Commission meeting '-J
held on the second week of the month shall be placed on the agenda of the r-1
City Council no later than the first week of the following month. L.
2. Recommendations from the Planning and Zoning Commission meeting r-1
held on the fourth week of the month shall be placed on the agenda no l .
later than the third week of the following month, unless there are five (5)
Tuesdays in the given month from which the recommendation of the ..,
Planning and Zoning Commission is made, in which case the , ,
recommendation shall be placed on the agenda of the City Council no later
than the first week of the following month. ,....,
l J
F. Deadline for City Action.
n
Except as otherwise provided in this section and notwithstanding any other law to LJ
the contrary, the City must approve or deny within sixty (60) days a written n
request for a variance. Failure for the City to deny a request within sixty (60)
days is approval of the request. If the City denies the request, it must state in LJ
writing the reasons for the denial at the time that it denies the request. The time r.
limit begins upon the City's receipt of a \vritten request containing all information LJ
required by law or by previously adopted rule, ordinance, or policy of the City. If
the City receives a written request that does not contain all the required ,..,
information, the sixty (60) day limit starts over only if the City sends notice L'
within ten (10) business days of receipt of the request telling the requester what
information is missing. n
LJ
1. If the action requires the approval of more than one (I) state agency in the
executive branch, the sixty (60) day period begins to run for all executive n
branch agencies on the day a request containing all required information is LJ
received by one (1) state agency. Once the City receives the request it n
must forward copies to other state agencies whose approval is required.
LJ
2. A City response meets the sixty (60) day time limit if the City can r-1
document the response was sent within sixty (60) days of receipt of the LJ
written request.
n
.., The sixty (60) day time limit is extended if a state statute, federal law, or
-'. l J
court order requires a process to occur befcre the City acts on the request,
and the time periods prescribed in the state statute. federal law, or court n
order make it impossible to act on the request within sixty (60) days. In LJ
cases described in this paragraph, the deadline is extended to sixty (60)
days after completion of the last process required in the applicable statute, n
law, or order. Final approval of the City receiving a request is not L J
considered a process for purposes of this paragraph. ..,
l J
94 n
, J
-
...,
LJ
...,
4. The sixty (60) day time limit is extended if:
LJ
..., a. .-\ request submitted to a state agency requires prior approval of a
L.J federal agency; or
..., b. An application submitted to a city, county, to\"TI, school district,
LJ metropolitan or regional entity, or other political subdivision
requires prior approval of a state or federal agency.
...,
....J In cases described in this paragraph, the deadline for City action is
extended to sixty (60) days after the required prior approval is granted.
...,
..J 5. A City may extend the timeline before the end of the initial sixty (60) day
period by providing written notice of an extension to the applicant. The
..., notification must state the reasons for the extension and its anticipated
LJ length, which may not exceed sixty (60) days unless approved by the
..., applicant.
....J G. Variance Sunset Clause (Expiration).
...,
L.J If the City Council determines that no significant progress has been made in the
first twelve (12) consecutive calendar months after the approval of the variance,
-. the variance shall be declared null and void.
..J
60-050.0 Division of Lots (Lot Splits)
..,
..J The purpose of this section is to set forth the method by which lots, parcels or tracts of
land may be divided or split.
-.
LJ A. Application.
..., The applicant shall file with the Planning and Zoning Department a completed
L.J application form provided by the Planning and Zoning Department. Upon the
..., filing of the application, the applicant shall pay a fee, as set forth by resolution of
u the City Council.
-. A lot split which has been denied by the City Council shall not be re-submitted
u until one (I) year has elapsed from the date the previous application was denied as
stated in the resolution.
-.
u Once a lot split is approved by the City Council, the property owner may make
application to further divide or split the lots, parcels, or tracts of land. However, a
..., three (3) year waiting period shall apply from the date the previous lot split was
..J approved by the City Council for the subject property.
..,
LJ
95
...,
LJ
-
n
u
n
B. Contents of Application, u
In addition to the application fee, a site plan and elevations dra\\TI to scale and n
dimensions shall be submitted which include the following information as u
applicable: n
1. Names and locations of adjacent streets. u
n
2. Dimensions of the property.
LJ
.., The scale and north arrow.
-'. n
LJ
4. Location of all existing buildings and structures on and \Vithin one
hundred (100) feet of the subject property. n
LJ
5. Current zoning and legal description.
n
6. Such other data as may be required by the Planning and Zoning LJ
Commission or City Council to demonstrate that the project meets
the criteria. n
LJ
C. -Notice of Public Hearing.
n
Where an application has been filed by the property o\"ner for a lot split, the L J
application shall be set for at least one (1) public hearing before the Planning and ,....,
Zoning Commission. The Planning and Zoning Commission shall consider the LJ
application at its next regular meeting, but not earlier than seven (7) days from
the date the application was submitted (as stated in the application) to the n
Planning and Zoning Department. Notice of public hearing before the Planning LJ
and Zoning Commission shall be given as follows:
n
1. By publication at least once in the official newspaper, not less than ten u
(10) calendar days prior to the date of the public hearing; and
n
2. By mailing a written notice thereof, not less than ten (10) days prior to the LJ
date of such hearing to the o\Vner of the subject property and to the owners n
of properties within three hundred and fifty (350) feet of the exterior
boundary of the subject property or properties \"ithin the Metropolitan LJ
Urban Service Area, and to the owners of properties within five hundred n
(500) feet of the exterior boundary of the subject property or properties u
outside the Metropolitan Urban Service Area; such notices shall be sent
by first class mail. with postage pre-paid, using the addresses from the last n
adopted tax roll. if available. u
n
u
96 n
u
~
..,
L..l
..,
LJ D. Criteria.
.., Before a lot split can be granted, the application, therefore, shall be referred to the
LJ Planning and Zoning Commission for the purposes of evaluation against the
.., criteria of this subsection. The Planning and Zoning Commission shall make a
recommendation to the City Council.
LJ
.., The Planning and Zoning Commission shall review the application and consider
..J its conformance to the standards and regulations of this Ordinance. The Planning
and Zoning Commission shall consider land uses, traffic control, zoning
.., regulations, future developments, conformance with the Comprehensive Plan, and
LJ any other criteria deemed pertinent. Lot splits may be granted only when:
.., 1. A lot, parcel, or tract of land is divided into not more than two (2) parcels.
L.J
2. Both created lots or parcels of land have at least the minimum width,
.., depth and square footage as required for any parcel of land in the zoning
LJ district wherein the lot is located.
.., E. Decision of Planning and Zoning Commission.
LJ
.., Following the public hearing, the Planning and Zoning Commission shall
LJ recommend approval or denial of the lot split to the City Council.
, The Planning and Zoning Commission may require that a new public hearing be
.J held or the same hearing be continued in order to receive additional information
from the applicant or other sources to make a decision or recommendation to the
.., City Council.
u
Once the Planning and Zoning Commission has completed its hearings and a
.., recommendation for approval or disapproval of the lot split is made, the matter
u shall be directed to the City Council in the following manner:
..., 1. Recommendations from the Planning and Zoning Commission meeting
L.J held on the second week of the month shall be placed on the agenda of the
.., City Council no later than the first week of the following month.
~ 2. Recommendations from the Planning and Zoning Commission meeting
.., held on the fourth week of the month shall be placed on the agenda no
LJ later than the third week of the following month, unless there are five (5)
Tuesdays in the given month from which the recommendation of the
...., Planning and Zoning Commission is made, in which case the
..J recommendation shall be placed on the agenda of the City Council no later
than the first \veek of the following month.
...,
...J
.., 97
...J
-
r1
LJ
r1
If a lot split is approved by the City Council. a copy of the resolution shall be LJ
forwarded to the applicant and shall be filed with the Recorders Office of Anoka r1
County.
u
F. Deadline for City Action.
n
Except as otherwise provided in this section and notwithstanding any other law to LJ
the contrary, the City must approve or deny within sixty (60) days a written ~
request for a lot split. Failure for the City to deny a request within sixty (60) LJ
days is approval of the request. If the City denies the request, it must state in
writing the reasons for the denial at the time that it denies the request. The time n
limit begins upon the City's receipt ofa written request containing all information LJ
required by law or by previously adopted rule, ordinance, or policy of the City. If
the City receives a written request that does not contain all the required ,....,
information, the sixty (60) day limit starts over only if the City sends notice LJ
within ten (10) business days of receipt of the request telling the requester what
information is missing. ,....,
LJ
1. If the action requires the approval of more than one (1) state agency in the
executive branch, the sixty (60) day period begins to run for all executive ,....,
branch agencies on the day a request containing all required information is LJ
received by one (I) state agency. Once the City receives the request it ,....,
must forward copies to other state agencies whose approval is required.
l J
2. A City response meets the sixty (60) day time limit if the City can ......,
document the response was sent within sixty (60) days of receipt of the LJ
written request.
,....,
.., The sixty (60) day time limit is extended if a state statute, federal law, or
-'. LJ
court order requires a process to occur before the City acts on the request,
and the time periods prescribed in the state statute, federal law, or court ,....,
order make it impossible to act on the request within sixty (60) days. In LJ
cases described in this paragraph, the deadline is extended to sixty (60)
days after completion of the last process required in the applicable statute, n
law, or order. Final approval of the City receiving a request is not LJ
considered a process for purposes of this paragraph. ,....,
4. The sixty (60) day time limit is extended if: LJ
........
n
a. A request submitted to a state agency requires prior approval of a
u
federal agency; or
n
b. An application submitted to a city, county, town, school district, LJ
metropolitan or regional entity, or other political subdivision
requires prior approval of a state or federal agency. n
LJ
98 n
LJ
~
...,
LJ
...,
,_J In cases described in this paragraph, the deadline for City action is
extended to sixty (60) days after the required prior approval is granted.
...,
LJ 5. A City may extend the time line before the end of the initial sixty (60) day
period by providing written notice of an extension to the applicant. The
..., notification must state the reasons for the extension and its anticipated
J length, which may not exceed sixty (60) days unless approved by the
-, applicant.
LJ G. Lot Split Sunset Clause (Expiration).
..,
LJ If the City Council determines that the conditions of the lot split as stated in the
resolution are not met within twelve (12) months after the approval of the lot
..., split, the lot split shall be declared null and void.
...1
60-060.0 Planned Unit Development Review
...,
LJ The purpose of this section is intended to provide for and permit flexibility of
site design and architecture for the conservation ofIand and open space through
..., clustering of buildings and activities. The flexibility can be achieved by waiving
LJ or varying from the provisions of this Ordinance, including lot sizes, setbacks,
heights and similar regulations, while at the- same time preserving the health,
..., safety, order, convenience, prosperity and general welfare of the City and its
LJ inhabitants. Planned Unit Developments encourage:
r Innovations in development to the end that the growing demands for all
1.
..J styles of economic expansion may bemet by greater variety in type,
..., design, and setting of structures and by the conservation and more
...J efficient use of land in such developments.
..., 2. Higher standards of site and building design through the use of trained and .
...J experienced land planners, architects and landscape architects.
..., .., More convenience in location and design of development and service
-'.
-1 facilities.
..., 4. The preservation and enhancement of desirable site characteristics such as
cj topography, geological features and the prevention of soil erosion.
--, A creative use of land and related physical development which allows a
5.
u phased and orderly transition of land from rural to urban uses.
-,
6. An efficient use of land resulting in smaller networks of utilities and
.J streets thereby lowering the development costs and public investments.
...,
LJ
99
--,
u
-
,.,
u
n
7. A development pattern in harmony with the Comprehensive Plan. A u
Planned Unit Development is not intended as a means to vary applicable ,.,
planning and zoning principles. u
8. A more desirable and creative environment than might be possible ~hrough ,.,
the strict application of the zoning and subdivision regulations of the City. u
A. Zoning District Supplement. ,.,
u
A Planned Unit Development District is supplementary to a zoning district within
or encompassing all or a portion or portions of one (1) or more original districts in ,.,
accordance with the provisions of this Ordinance. LJ
B. Application. ...,
--"
An application for a Planned Unit Development must be filed by the landowner or ...,
jointly by all landowners of the property included in the project. The applicant(s)
shall file with the Planning and Zoning Department a completed application form LJ
provided by the Planning and Zoning Department. Upon the filing of the ...,
application, the applicant(s) shall pay a fee, as set forth by resolution of the City LJ
Council. The application and all submissions must be directed to the
development of the property as a unified whole. In the case of multiple ,....,
ownership, the approved final plan or plat shall be binding on all owners. . I
The general sequence for application, review and action on a Planned Unit r-'o
Development shall be the same as specified in the platting and subdivision LJ
ordinanceofthe City. A Conditional Use Permit shall be required. Application
for the Conditional Use Permit shall be made as specified in this Ordinance and ,....,
shall be made in conjunction with the filing of the Preliminary Plat Application. LJ
A Planned Unit Development that has been denied by the City Council shall not n
be re-submitted until one (1) year has elapsed from the date the previous u
application was denied as stated in the resolution. ,....,
C. Notice of Public Hearing. LJ
...,
Where an application has been filed by the property o\\ner for a Planned Unit L J
Development, the application shall be set for at lea;;t one (I) public hearing before
the Planning and Zoning Commission. The Planning and Zoning Commission ...,
shall consider the application at its next regular meeting, but not earlier than seven LJ
(7) days from the date the application was submitted (as stated in the application)
to the Planning and Zoning Department. Notice of public hearing before the ,.,
Planning and Zoning Commission shall be given as follows: L1
n
L1
100 ,...,
L1
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....,
~
-,
~J 1. By publication at least once in the official nev.;spaper, not less than ten
(10) calendar days prior to the date of the public hearing; and
-,
~ 2. By mailing a wTitten notice thereof, not less than ten (10) days prior to the
date of such hearing to the owner of the subject property and to the owners
-, of properties \vithin three hundred and fifty (350) feet of the exterior
.J boundary of the subject property or properties within the Metropolitan
-, Urban Service Area, and to the owners of properties within five hundred
(500) feet of the exterior boundary of the subject property or properties
:..J outside the Metropolitan Urban Service Area; such notices shall be sent
..., by first class mail, with postage pre-paid, using the addresses from the last
:..J adopted tax roll, if available.
-, D. General Requirements and Standards.
LJ
The following requirements and standards shall be used in determining a project's
-, consistency with the intent and purpose of this subsection:
u
1. Consistencv. The proposed Planned Unit Development shall be consistent
,.., with the: .
LJ
a. Comprehensive Plan.
...,
...J b. Comprehensive Water and Sewer Plan.
-, Intent and purpose of all other City ordinances relating to land use,
c.
-l subdivision and development.
-,
....J 2. Common Open Space. Common open space at least sufficient to meet the
minimum density requirements established by the City shall be provided
-, within the area of the Planned Unit Development, except as provided
....J in subsection (D)(5).
-, 3. Operating and Maintenance Requirements for Planned Unit Development
-1 Common Open Space/Facilities. Whenever or wherever common space or
service facilities are provided within a Planned Unit Development, the
-, Planned Unit Development shall contain the provisions to assure the
-1 continued operation and maintenance of such open space and service
.., facilities to a pre-determined reasonable standard. .common open space
and service facilities within the Planned Unit Development may be placed
-1 under the ownership of one (1) or more of the following, as approved by
-, the City Council:
-1 Dedicated to public, where a community wide use is anticipated
a.
,.., and the City Council agrees to accept the dedication.
LJ
101
-,
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n
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n
b. Landlord controL where only use by tenants is anticipated. LJ
n
c. Homeo\'inerlProperty O\vners Association, provided the following
conditions are met: LJ
n
I. Prior to the use, occupancy, sale or the execution of
LJ
contracts for sale of an individual building unit, parcel,
tract, townhome, apartment, or common area, a n
declaration of covenants, conditions and restrictions or an L:
equivalent document shall be filed with the City. Said
filing with the City shall be made prior to the filings of said n
declaration or document with the ~ecording Officer of LJ
Anoka County, Minnesota.
n
2. The declaration of covenants, conditions and restrictions or L.l
equivalent document shall specify that deeds, leases or n
documents of conveyance affecting buildings, units,
parcels, tracts, townhouses, or apartments shall subject said LJ
properties to the terms of said declaration. ,...,
- .
.., The declaration of covenants, conditions and restrictions LJ
-'.
shall provide that an owner's association shall be formed ,...,
and that all owners shall be members of said association l.
which shall maintain all properties and common areas in
good repair and which shall assess or charge individual ,-,
property owners proportionate shares of joint or common l J
costs. This declaration shall be subject to review and
approval by the City Attorney. The intent of this n
requirement is to protect the property values of the LJ
individual owners through established private control.
n
4. The declaration shall additionally, amongst other things, LJ
provide that in the event the association fails to maintain n
properties in accordance with the applicable rules and
regulations of the City or fails to pay taxes or assessments LJ
on properties as they become due and in the event the City n
incurs any expenses in enforcing its rules and regulations, L)
which said expenses are not immediately reimbursed by the
association, then the City shall have.'the right to assess each n
property its pro rata share of said expenses. Such LJ
assessments, together w'ith interest thereon and costs of
collection, shall be a lien on each property against which n
each such assessment is made. LJ
,...,
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102 - - n
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~
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....,
LJ 5. Membership of the association shall be mandatory for each
owner and any successive buyer.
...,
~ 6. The open space restrictions shall be permanent and not for
...., a given period of time.
~ 7. The association must be responsible for liability insurance,
..., local ta.xes and the maintenance of the open space facilities
deeded to it.
L.J
..., 8. Property owners must pay the prorata share of the cost of
LJ the association by means of an assessment to be levied by
the association which meets the requirements for becoming
.., a lien on the property in accordance with Minnesota
u Statutes.
...., 9. The association must be able to adjust 41e ass~ssments to
lJ meet changing needs.
.-, 10. The by-laws and rules of the association and all covenants
LJ and restrictions to be recorded must be approved by the
..., City Council prior to the approval of the final Planned
...J Unit Development plan or plat.
...., 4. Staging of Public and Common Open Space. When a Planned Unit
..J Development provides for common or public open space and is planned as
a staged development over a period of time, the total area of common or
..., public open space or land escrow security in any stage of development
u shall, at a minimum, bear the same relationship to the total open space to
be provided in the entire Planned Unit Development as the stages or units
~ completed or under development bear to the entire Planned Unit
u Development.
~ 5. Density. The density ofa Planned Unit Development shall conform to the
u regulations of the zoning district or special protection district in which the
land and project are located and shall be based on the net buildable area
...., (exclude streets), except that density increases of up to five (5) percent (20
u percent ma.ximum total) may be allowed for each category listed below at
...., the discretion of the City Council, as an incentive for the developer to
LJ include the following features hereby determined'to be a benefit to the
public:
....,
LJ a. Significant undeveloped common open space.
.., b. Significant improved common open space.
L.J
.., 103
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,...,
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Distinctiveness and excellence in setting design and landscaping. L.J
c.
,...,
d. Architectural style and overall appearance and compatibility of u
individual buildings to other site elements or to surrounding
development. ,...,
u
6. Staging of Development. Whenever a Planned Unit Development is to be
developed in stages, the density of the stages when totaled shall not n
exceed the proposed residential density of the entire Planned Unit LJ
Development. The City may require a developer to record a restrictive
covenant in favor of the City to insure that all stages or phases will be ,...,
developed within the overall density for the entire Planned Unit LJ
Development. n
7. Utilities. All utilities shall conform to the design standards stated in the LJ
platting and subdividing ordinance of the City and other applicable design ,...,
standards on file with the City. All utilities, including, but not limited to,
telephone, electricity, gas, and telecable shall be installed underground. LJ
r-.
8. Citv Utilities. All City utilities including water, sanitary sewer, storm LJ
sewer and streets shall be designed, installed and maintained by the City in
conformance with all City standards and practices. Utility easements shall ,...,
be dedicated as required by the City. LJ
9. Urban Development and Availability of Public Service. All development ,....,
shall be carefully phased so as to ensure that it will not cause an LJ
unreasonable burden upon the City in providing services and utilities or
cause a deleterious impact upon the natural environment. ,..,
LJ
10. Streets and Site Improvements. All streets and site improvements shall
meet the design standards and regulations as stated in the platting and n
subdividing ordinance of the City, unless otherwise approved by the City u
Council. ,...,
u
11. Landscaoing. In any Planned Unit Development, landscaping shall be
provided as a plan in accordance with this Ordinance. In assessing the ,..,
landscape plan, the City Council shall consider natural features of the LJ
particular site, the architectural characteristics of the proposed structures
and the overall scheme of the Planned Unit Development. ,...,
u
12. Special Requirements and Standards.
n
a. Residential Planned Unit Developments (Densitv Zoning). u
I. Yards. n
u
104 n
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~
.,
I
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L.J a. The front, rear and side yard restrictions of the
periphery of the Planned Unit Development site
" shall, at a minimum, be the same as those required
LJ in the zoning district.
., b. No building shall be located less than twenty
J (20) feet from the back of the curb line along those
" streets which are part of the private internal street
LJ pattern.
~ b. Commercial or Industrial Planned Unit Developments.
...J
1. Yards.
~
...J a. The front, rear and side yard restrictions at the
periphery of the Planned Unit Development site
" shall, at a minimum, be the same as those required
J in the zoning district.
~ b. No building shall be located less than twenty (20)
u feet from the back of the curb line along those
...., streets which are part of the private internal street
pattern.
.J
~ 2. Landscaping, Surfacing and Screening.
...J All areas disturbed on the site other than that
a.
~ covered by structures or hard surfacing shall be
...J landscaped in compliance with this Ordinance and
all other applicable City ordinances.
....,
LJ b. The entire site other than that taken up by structures
or landscaping shall be surfaced in accordance with
~ the standards on file in the Office of the City
J Engineer.
...., Developments abutting a residential district shall be
c.
J screened and landscaped in compliance with this
..., Ordinance and other applicable City ordinances.
LJ Mixed Use Planned Unit Developments.
c.
...,
J 1. Yards.
....,
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...., 105
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n
u
,...,
a. The front. rear and side yard restrictions at the u
periphery of the Planned Unit Development site ,.....
shall, at a minimum, be the same as those required u
in the zoning district.
n
b. No building shall be located less than twenty (20)
LJ
feet from the back of the curb line along those
streets which are part of the private internal street n
pattern. LJ
2. Landscaping, Surfacing and Screening. n
LJ
a. All areas disturbed on the site other than that
covered by structures or hard surfacing shall be ,...,
landscaped in compliance with this Ordinance and LJ
all other applicable City ordinances. n
b. The entire site other than that taken up by structures u
or landscaping shall be surfaced in accordance with n
the standards on file in the Office of the City u
Engineer.
,...,
c. Developments abutting a residential district shall be , .
screened and landscaped in compliance with this
Ordinance and other applicable City ordinances. ,...,
LJ
13. Sign Requirements. Sign requirements shall be regulated and conform to
the standards as stated in this Ordinance. ,...,
LJ
14. Special Protection Districts. Planned Unit Developments involving land
within the Flood Plain, Shoreland Management or Scenic River Districts ,...,
shall be subject to the provisions of those ordinances regulating said u
districts. n
E. Decision of Planning and Zoning Commission. LJ
n
Following the public hearing, the Planning and Zoning Commission shall LJ
recommend approval or denial of the Planned Unit Development to the City
Council. ,.--...
u
The Planning and Zoning Commission may require that a new public hearing be
held or the same hearing be continued in order to receive additional information n
from the applicant or other sources to make a decision or recommendation to the u
City Council.
n
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106 n
u
~
....,
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....,
L.l Once the Planning and Zoning Commission has completed its hearings and a
recommendation for approval or disapproval of the Planned Unit Development is
., made, the matter shall be directed to the City Council in the following
,
LJ manner:
., 1. Recommendations from the Planning and Zoning Commission meeting
LJ held on the second week of the month shall be placed on the agenda of the
...., City Council no later than the first week of the following month.
LJ 2. Recommendations from the Planning and Zoning Commission meeting
~ held on the fourth week of the month shall be placed on the agenda no
...J later than the third week of the following month, unless there are five (5)
Tuesdays in the given month from which the recommendation of the
~ Planning and Zoning Commission is made, in which case the
...J recommendation shall be placed on the agenda of the City Council no later
than the first week of the following month.
....,
LJ F. Deadline for City Action.
...., Except as otherwise provided in this section and notwithstanding any other law to
u the contrary, the City must approve or deny within sixty (60) days a written
., request for a Planned Unit Development. Failure for the City to deny a request
i within sixty (60) days is approval of the request. If the City denies the request, it
..J must state in writing the reasons for the denial at the time that it denies the
~ request. The time limit begins upon the City's receipt of a written request
.J containing all information required by law or by previously adopted rule,
ordinance, or policy of the City. If the City receives a written request that does
...., not contain all the required information, the sixty (60) day limit starts over only if
...J the City sends notice within ten (10) business days of receipt of the request telling
the requester what information is missing.
....,
J 1. If the action requires the approval of more than one (1) state agency in the
executive branch, the sixty (60) day period begins to run for all executive
...., branch agencies on the day a request containing all required information is
J received by one (1) state agency. Once the City receives the request it
...., must forward copies to other state agencies whose approval is required.
J 2. A City response meets the sixty (60) day time limit if the City can
., document the response was sent within sixty (60) days of receipt of the
L.J written request.
... The sixty (60) day time limit is extended if a state statute, federal law, or
...., J.
LJ court order requires a process to occur before the City acts on the request,
and the time periods prescribed in the state statute, federal law, or court
..., order make it impossible to act on the request \vithin sixty (60) days. In
LJ
...., 107
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n
u
n
cases described in this paragraph, the deadline is extended to sixty (60) u
days after completion of the last process required in the applicable statute,
law, or order. Final approval of the City receiving a request is not n
considered a process for purposes of this paragraph. LJ
4. The sixty (60) day time limit is extended if: n
LJ
a. A request submitted to a state agency requires prior approval of a n
federal agency; or u
b. An application submitted to a city, county, town, school district, ,.,
metropolitan or regional entity, or other political subdivision LJ
requires prior approval of a state or federal agency.
,...,
In cases described in this paragraph, the deadline for City action is LJ
extended to sixty (60) days after the required prior approval is granted.
,...,
5. A City may extend the timeline before the end of the initial sixty (60) day LJ
period by providing written notice of an extension to the applicant. The
notification must state the reasons for the extension and its anticipated n
length, which may not exceed sixty (60) days unless approved by the LJ
applicant. ,..,
G. Planned Unit Development Sunset Clause (Expiration). ' I
,...,
If the City Council determines that the conditions ofthe Planned Unit L.
Development as stated in the resolution are not met within twelve (12) months
after the approval of the Planned Unit Development, the Planned Unit n
Development shall be declared null and void. LJ
n
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n
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n
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n
u
n
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n
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108 n
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...,
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"
u ARTICLE IX. ENFORCEMENT AND PENAL TIES.
..., 65-010.0 Enforcing Officer and Penalty
LJ
This Ordinance shall be administered by the Zoning Administrator appointed by
., the City Council. The Zoning Administrator may institute in the name of the
u City, appropriate actions or proceedings against a violator as provided by law.
...., Any person, firm, corporation, or voluntary association which violates or refuses
to comply with any provision of this Ordinance shall be guilty ofa misdemeanor,
u and upon conviction shall be punished in accordance to State law. Each day a
~ violation is permitted to exist shall constitute a separate offense.
cJ 60-020.0 Building Permits
~
, . The application for a building permit shall be accom12anied by exterior elevations
.J
of the proposed buildings which will adequately and accurately show the height,
~ size, bulk, design, and the appearance of all elevations and a description of the
..J construction and materials proposed to be used therein. A complete site plan
showing landscaping, off-street parking, structure locations, grades, and access
~ drives shall also be shown and submitted.
..J
No person shall erect, alter, raze or move any building or part thereof without first
~ securing a permit. Building permit fees shall be according to a schedule adopted
...J by City Council Resolution.
~
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.,
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....,
,
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....,
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...,
L.J
....,
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...,
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109
....,
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n
ARTICLE X. VALIDITY AND EFFECTIVE DATE. Ll
n
70-010.0 Validity and Effective Date LJ
The Uniform Building Code as adopted and amended, and all other Ordinances or parts n
of Ordinances of the City of Andover in conflict with the provisions of this Ordinance are u
hereby repealed.
n
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason LJ
held to be invalid, such decision shall not affect the validity of the remaining portions of
this Ordinance. n
LJ
Adopted by the City Council of Andover on this _ day of ,1999. ,...,
ATTEST: CITY OF ANDOVER LJ
,...,
LJ
n
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Victoria V olk, City Clerk J.E. McKelvey, Mayor
n
L)
,.....
L.
,...,
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n
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,...,
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n
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n
u
n
L
r
L
110 r
L.
~
...,
t
LJ PRINTEK'S AFFIDA VIT OF PUBLlt.,A TION
..., (Chapter 47-1. Effedh"e l\lay 20, 1965)
I
LJ Coded as )IS 331.02
..., STATE OF MINNESOTA ) 55
LJ County of Anoka )
..., F. G. Clasen :ecm:ftxRsam, being duly sworn, on oath says he is and during
LJ all the times herein stated has been the editor ~of the news-
paper known as The Anoka County Union and has full knowledge of the facts herein
...., stated as follows: (1) Said newspaper is printed in the English language in news-
~OWN~F.GIlOW ;...-:......,,~. paper format and in column and sheet form equivalent in printed space to at least
L.J ...-~ 900 square inches. (2) Said newspaper is a weekly and is distributed at least once
. .:.-.-' COUN OF ANOKA ~_ each week. (3) Said newspaper has 50% of its news columns devoted to news of
STATE OF MINNESOTA . local interest to the community which it purports to serve and does not wholly dupli-
..., O~DINANCE HO..J4 cate any other publication and is not made up entirely of patents, plate matter and
LJ ANQRDINANCE! AMENDING SEctiON 7.oi.R3 OF advertisements. (4) Said newspaper is circulated in and near the municipality which
GROW ORDINANCE NO.8 RELATING TO USES IN it purports to serve, has at least 500 copies regularly delivered to paying subscribers,
THE SINGLE FAMILY SUB"LRBAN DISTRICT. ~ has an average of at least 75% of its total circulation currently paid or no more than
...., . THE GROW TOWN BoAlll:l'DOES ORDAIN: t three months in arrears and has entry as second-class matter in its local post-olIice.
.J- .#- t: .' (5) Said newspaper purports to serve the City of Anoka in the County of Anoka and
S<<tion 1. .~~:. ~ ," ~ _' __ . it has its known olIice of issue in the City of An'1ka in said county, established and
".,,, ~ open during its regular business hours for the gathering of news, sale of advertise-
Section 7.01. Residential, R-J.single family suburban ments and sale of subscriptions and maintained by Arch G. Pease or persons in his
,.., district. of Ordmance No.8 as adopted october 21. 1910. employ and subject to his direction and control during all such regular business hours
iSJ"e"ebv amended so that the third paragraph reads and at which said newspaper is printed. (6) Said newspaper files a copy of each
L.J as follows: '&. issue immediately with the State Historical Society. (7) Said newspaper has com-
Private sewer and wa':" systems shall only be plied with all the foregoing conditions for at least two years preceding the day or
..., permitted onevl!ry otherlal or no more freqUerlfly dates of publication mentioned below. (8) Said newspaper has filed with the Secretary
than one private system fOr each 40.000 square feet of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an alIi-
~J wtlere large lots are established. Except in the davit in the form prescribed by the Secretary of State and signed by Arch G. Pease
West one-halfof fhe Northwest one.quarfer- of H'te
Southwest one.quarter of Secfion 15. I!!is shall not and sworn to before a notary public stating that the newspaper is a legal newspaper.
...., apply to lots of record at the time this ordinance is
adopted. On each new platthe fats to be developed
..J in' accordance with this se~ion shall be so He further states on oath that the printed ..............................................
designated. }
.; ; ~ Ordinance No. 1.4
Section 2.
, ..........................................................................................
~ ..
This ordinance shall be in full force and e1fe<:t from hereto attached as a part hereof was cut from the columns of said newspaper, and
~ and after its passage and pUblication as provided by was printed and published therein in the English language, once each week,
law. .
-, Passed this 9~: ~ay of Janu~ry, 1973. for ......... ~z:l.~.... ."............ successive weeks; that it was first so published on
~ .s. i\'\arvin R. Christenson . Friday the ....... .J,?t\'L .. .. .. ..... .day of .......~ ?:z:1~~rY................... .19. n
Marvin Christenson, Grow Town Chairman
ATTEST: -5. ~ry West and was thereafter printed and published on every Friday to and including the
. -, ~ry West. Grow Town Clerk
.
.....J abcdefghijklmnopqrsfuVWll:YZ ?i. .......... .................... day of .............................. 19.... and that the
.---" . ..~. *"
Published' in theAnoka Union '" following is a printed copy of the lower case alphabet from A to Z, both inclusive,
-, -'J~'-. Jan. 12, 1973 '"
and is hereby acknowledged as being the size and kind of type used in the compo-
~ sition and publication of said notice, to wit:
a bcdefgh i iklmnopQrstuvwx V Z
...., abcdefghijklmnopqrstuvwxyz
~ :i:d: "
.. ......... - .:.<.~...-e~4Y:~..............
LJ
b "b d d t b f thO 12th d f Ja~_ar-.{ 1973
Su scn e an sworn 0 e ore me IS. .. . . . . . . ... . ay 0 ..... . . . .. . . .. ....... . . . .
..
--J .'. /h:::::=-r-" -
A '/'1....--. ~."', ,- -" .~~'-r.. :J~?_4-.c."_-c....---
. .l........l._-<_.'f..... .._..~... ...... ._... ..._....................
.. ./V\/vV\IV./' ../v".A.'v'^^/I." ,"'.^, .j" ,I /\/\^^\, 'vv..JV\l\.
(Notarial Seal) < -",:~t~~)... GR_;'~C::: ~o/1. FR~DR!c:'~sa~1 ~
.J 1::'"'$;' ""T,'( "on. .,' - ":.:rJE30T~ I
;~#..;" ......; , ...--... ...
~JJ' A:;C:,.\ COCl'IT'(
.. ~'::i (-;:-'::i. :_~I:;!'~'; .'.;~r. 4. 1377
.. \/V'v"VVV.oJ'/"i.... \""4 'o/~'.l..,\i\ '\. V'/W\J\f IV'VV\I", VVV,
LJ
~
.,
LJ CIT"{ 0:- A~DOVE:R
COC::;TY OF A='iOK.-\
...., 5T.-\TE OF )..II='i='iESOTA
LJ
ORDL"A."CE NO.-1:0
....,
LJ
Al"\l" ORDI:--;ANCE REGC"LATING THE DIVISION OF LOTS WITHIN THE
..., CITY OF ANDOVER.
'-.J
...., The City Council of the City of Andover hereby ordains:
LJ
SECTION I- DEFINITION
~
...J A lot split is any division of a lot, parcel or tract of land into not more than
two (2) parcels when one or both divided parcels have a width of less than
..., 300 feet and are less than five (5) acres in size.
..J
A. No lot, parcel or tract of land shall be divided unless the resultant
..., lots have at least the minimum width, depth and square footage as
LJ required for any parcel of land in the zoning district wherein the
lot is located.
..,
LJ B. No owner may utilize this method of land division on any parcel
more than one (1) time in any three (3) year period. A three (3)
~ year waiting period for a lot split is required on all lots, parcels
LJ or tracts from the date they were created by previous lot splits
under this ordinance.
...,
LJ SECTION II - APPLICATION
...., Application for a lot split shall be made on forms furnished by the City and
LJ shall include a drawing showing: .
...., 1 ) The scale and north direction.
LJ 2) Dimensions of the property.
3) Names and locations of adjacent streets.
...., 4) Location of existing buildings on and v.i1hin 100 feet of subject property.
,--1 5) Such other information as may be required to fully represent the
intent of the lot split.
-, 6) Current zoning and legal description.
.J 7) The applicant must provide sufficient proof that the lot has not been
split within the last three (3) years.
...., 8) Provide a list of the property owners within 350' of the lot split.
.J
SECTION III - REVIEW AND RECOMMENDATIONS
....,
.J A. The proposed lot split shall first be presented to the Planning and
Zoning Commission for its review and recommendation. Such
-, recommendations shall consider land uses, traffic control, zoning
LJ regulations, future developments, and conformance with the Comprehensive
...., Development Flan, and any other criteria deemed pertinent by the
Planning and Zoning Commission.
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B. C"?on receipt of an application for a lot split, the Clerk shall notify
by mail, all pro?erty owners wi thin 330 feet of the property of the n
date of the review of such lot split. LJ
C. The division of a lot may be recommended for approval provided ,...,
that such SFlit is in conformance with the City's Comprehensive u
Plan, does not interfere with orderly planning, is not contrary to
the public intere st and does not nullify the intent of this ordinance. n
LJ
D. Following review and recommendation by the Planning and Zoning
Commis sion, the request for a lot split shall be conveyed to the n
City Council. Within 60 days following receipt of the proposed lot LJ
split from the Planning and Zoning Commission, the Council shall
approve or disapprove by resolution. If approved, a certified copy ,.....
of the resolution approving the lot split shall be forwarded to the LJ
petitioner. The lot split, together with a certified copy of the
resolution, shall thereafter be filed with the Recorders Office of n
Anoka County. LJ
SECTION IV - APPEAL PROVISIONS ,...,
LJ
The City Council shall have _the power to vary or modify the application of ,...,
any provisions in this ordinance upon its determination in its absolute
legislative discretion that such variance or modification is consistent with , ,
the letter a."l.d intent of the Comprehensive Plan or proposed amendment r->
upon which this ordinance is based, and with the health, safety, and
general welfare of the City of Andover. Upon receiving any application for ' )
such variance or modification, (such application shall include the information
,...,
contained in Section II of this ordinance) the City Clerk shall refer such
application to the Planning and Zoning Commission of the City for report of L;
said Planning and Zoning Commission with respect to the effect of the variance ,...,
or modification upon said Community Development Plan or proposed amendment.
Such report shall be returned by the Planning and Zoning Commission to the LJ
City Council within 60 days for City Council action. ,...,
SECTION V - FEES Ll
,...,
A. There shall be a single charge of $25. 00 plus engineering costs, if any,
for a lot split application. LJ
n
B. Where parkland was dedicated or park fees paid, there shall be no park
fee assessed or land dedicated. If no park fees have been assessed nor LJ
land dedicated, the charge of $100 for each lot of less than five acres ,...,
in size created und'er this ordinance, shall be assessed for park fees.
LJ
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...., SECTIO=" VI - CO~lPLL\.NCE
LJ
A. The effect of said Ordinance shall not work to preclude compliance with
,.., utilities hook-up, payment of levied and pending assessments, and
LJ performance of any other requirements of Ordinances of the City of
Andove r.
,..,
LJ B. The owner, or agent of owner, of any parcel shall not divide any
lot or parcel for the purpose of sale, transfer, or lease with the
,.., intent of evading the provisions of this Ordinance.
LJ
C. The owner, or agent of owner, of any parcel shall not sell or
..., otherwise convey said parcel with the intent of evading the provisions
...J of this Ordinance or circumventing attempts to plat acreage or
otherwise subdivide tracts of land within the City of Andover.
~
LJ SECTION VII - PENALTIES
,.., Any person, firm or corporation violating any of the provisions of this
LJ ordinance shall be guilty of a misdemeanor, and upon conviction thereof
shall be punished as defined by State Law.
...,
LJ The lot splitting not in accordance with the requirements of this ordinance
may be enforced by mandamus, injunction, or any other appropriate remedy
..., in any court of competent jurisdiction.
d
SECTION VIII - AFFECTED AREAS: SUPERCEDES
...,
..J This ordinance shall apply to and govern the entire City of Andover during the
period for which it is in effect. This ordinance during its effective period
...., shall replace and supercede provisions in all other ordinances and regulations
~ applicable to the City of Andover which are in conflict or inconsistent with
...., the provisions herein. All ordinances and provisions therein which are not
in conflict with the terms and conditions of this ordinance shall continue in
L.l full force and effect.
...., A. Variance provisions and requirements thereto under Section 17 of
~ Ordinance No. 10 of the City of Andover do not apply to this ordinance.
,.., SECTION 1X - VALIDITY AJ.'l D EFFECT
..J
., The validity of any word, sentence, section, clause, paragraph, part or provision
of this ordinance shall not affect the validity of any other part. This ordinance
.J shall be in effect until amended, revised or superceded by the City of Andover.
...., 16th day of August 1977 .
Adopted by the Andover City Council this ,
.J
Y OF ANDOVER
..., tJ~
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...., - Mayor
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CITY OF A..'IDOVER ,...,
COUNTY OF A..'iOKA LJ
STATE OF MINNESOTA
ORDINA.'iCE NO. 40A n
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n
AN ORDINANCE AHENDL'iG ORDINANCE NO. 40, ENTITLED "A.'i ORDINANCE REGULATING u
THE DIVISION OF LOTS WITHIN THE CITY OF ANDOVER."
,...,
The City Council of the City of Andover does hereby ordain:
LJ
The following sections of Ordinance No. 40, adopted August 16, 1977, r"'
are amended to read:
LJ
TITLE:
,...,
A..'i ORDINANCE REGULATING THE SPLITTING OF RESIDENTIAL LOTS, PARCELS, LJ
OR TRACTS OF LAND WITHIN THE CITY OF ANDOVER.
.- - ,...,
SECTION I - DEFINITION
LJ
A residential lot split is any division of a lot, parcel. or tract of
land into not more than two (2) parcels when one or both divided parcels n
have a width of less than 300 feet and are less than five (5) acres , J
in size.
,.....
A. No residential lot, parcel or tract of land shall
be divided unless the resultant lots have at least . J
the minimum width, depth and square footage as. required r"'
for any parcel of land in the zoning district wherein
the lot is located. LJ
B. No change. ,...,
u
C. No lot in an unsewered area shall be split where the
resultant lot is less than 2~ acres. ,...,
This ordinance shall become effective from and after its passage and LJ
publication. ,...,
Adopted by the City Council of the City of Andover this 4th day Ll
of October , 1977 .
,...,
. e- Ll
-, '.' ('. .
..' ,. ,/ - . --
, ,: t: L.-. LiO. ,-__1.-,,"-- L- 7;( n
Gerald G. 'ndschit1
Andover Mayor LJ
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CITY OF i\~juOVE: R
., COU~jTY OF ~lOKA
LJ STATE OF MIN:H::SOTA
..., O:::-dinance No. 40B
LJ A~l ORDINANCE: lI...\!ENDING ORDINA..'lCE: NO. 40 ~lD ORDINANCE NO. 40A
ENTITLED "~l ORDINANCE REGULATING THE DIVISION OF RESIDENTIAL
..., LOTS HITHIN THE CITY OF ANDOVER".
u
THE CITY COUNCIL OF THE CITY OF &'lDOVER HEREBY ORDAINS:
....,
LJ The following sections of Ordinance No. 40 and Ordinance No. 40A,
are a~ended to read as follows:
...., .
, Section I - Definitions
.J
A residential lot split is any division of a lot, parcel, or
~ tract of land into not more than two (2) parcels when one-or
_J both divided parcels have-a-width-of-fess-than-3ee-feet-and
are-fess-than-five-t5t-acres-in-size meet or exceed the
., minimum requirements for platted lots in the applicable zoning
district.
--.J
...., Section V - Fees
--.J
A. There shall be a single charge of $25.00 plus en~ineerin~-
.. costs, if-any consultants fees, if any, for a lot split
~
..J application.
B. Where parkland was dedicated or a park fee paid at the
~ time the original parcel was created, there shall be no park
..J fee assessed or land dedicated at the time of the lot split
a?plication. If no park fees have been assessed nor land
., dedicated as above, the charge of $100.00 for each lot
.J of-xess-than-ffve-t5t-acres-in-size created under this
ordinance, shaxf may be assessed for park fees.
-, This ordinance shall become effective from and after its
.J passage and publication.
...., Adopted by the City Council of the City of Andover this 23rd
...J day of August 1979.
,
....,
---_. - -. CITY OF ANDOVER
--.J ATTEST: ....
-, ~~ / ~11 fnd
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-, K. Je y w6rndschitl - Mayor
:
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CITY OF ANDOVER LJ
COUNTY OF ANOKA
STATE OF MINNESOTA n
LJ
ORDINANCE NO. 40C
,...,
AN ORDINANCE AMENDING ORDINANCE NO. 40 AND ORDINANCE NO. 40A ENTITLED "AN LJ
ORDINANCE REGULATING THE DIVISION OF RESIDENTIAL LOTS WITHIN THE CITY OF
ANDOVER". n
LJ
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: n
The following section of Ordinance No. 40 and Ordinance No. 40A shall be LJ
deleted. n
Section I - Definition L.
E. Ne-tet-;A-aA-~A5ewe~ed-a~ea-5Ratt-ee-5~t;t-wRe~e-tRe-~e5~ttaAt-tet-;5 ,...,
teS5-tRaA-2t-ae~e5? LJ
,...,
Adopted by the City Council of the City of Andover this 29th day of
LJ
May . 1985 . n
ld
CITY OF ANDOVER
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~c- - ~/ ~L' ,a .t? .,;z/ n
J y Wind -hit. Mayor
ATTEST: LJ
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CITY OF A~mOVEZ{
LJ COUNTY OF ANOKA
STATE OF MINNESOTA
...,
LJ ORDIN.Z\:JCE NO. 400
...,
LJ AN ORDINfu~CE &~ENDING ORDINANCE NO. 40B, fu~ ORDINANCE ENTITLED "AN
ORDINANCE REGULATING THE DIVISION OF RESIDENTIAL LOTS WITHIN THE
CITY OF ANDOVER".
....,
LJ THE CITY COUNCIL OF THE CITY OF fu~DOVER HEREBY ORDAINS:
...., Ordinance No. 40B is hereby amended as follows:
...J
SECTION V - FEES
~
...J A. There shall be a single charge of-$~57ee as set by Council
resolution plus consultant's fees, if any, for a lot split
...., application.
I
...J B. Where parkland was dedicated or a park fee paid at the time
the original parcel was created, there shall be no park fee
...., assessed or land dedicated at the time of the lot split
,
.J application. If no park fees have been assessed nor land
dedicated as above, the eha~~e-of-~~ee7ee fee as set by Council
'l resolution for each lot created under this ordinance, may be
..J assessed for park fees.
Adopted by the City Council of the City of Andover this 18th
~
J day of February , 19 86 .
~ CITY OF ANDOVER
oj
l Co (
...., ~~~( . )\\l' 0 A- .... ,
ATTEST:
.J Ken rttel - Acting Mayor
-,
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CIT" Of ANDOVER n
COUNTY OF ANORA
STATE OF MINNESOTA u
n
ORDINANCE NO. 40 E LJ
AN ORDINANCE AMENDING ORDINANCE NO. 40, THE LOT SPLIT ORDINANCE ,...,
OF THE CITY OF ANDOVER. LJ
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: n
Ordinance No. 40 is hereby amended as follows: LJ
,....,
SECTION II I. REVIEW AND RECOMMENDATIONS. LJ
D. Following review and recommendation by the Planning and ,....,
Zoning Commission, the request for a lot split shall be
eeAveyea ~e placed on the agenda of the City Council in L.
the following manner:
,.....
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be
,...,
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,....,
, I
,.....
l.
,.....
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3. The date may be altered to be earlier at the
discretion of the City Council. ,...,
LJ
Within 60 days following receipt of the proposed lot ,.....
split from the Planning and Zoning Commission, the LJ
Council shall approve or disapprove by resolution. If
approved, a certified copy of the resolution approving n
the lot spli t shall be forwarded to the petitioner. The
lot split, together with a certified ~opy of the u
resolution, shall thereafter be filed with the Recorders
Office of Anoka County. ,...,
u
Adopted by the City Counc il of the City of Andover this 16th n
day of Al1gl1~t- , 1988.
u
CITY OF ANDOVER n
u
<~IWi~d~~hftl ~'~~yor n
ATTEST:
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....,
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CITY OF ANDOVER
...., COUNTY OF ANOKA
STATE OF MINNESOTA
LJ
ORDINANCE 40 F
"
LJ
AN ORDINANCE REGULATING THE SPLITTING OF RESIDENTIAL LOTS PARCELS
...., OR TRACTS OF LAND WITHIN THE CITY OF ANDOVER. ( 40A, 10-04-77 )
>-J The City Council of the City of Andover hereby ordains:
...., SECTION III. REVIEW AND RECOMMENDATIONS
...J
...., E.
i not met
..J e null
~
.J Adopted this 17th day of April 1990, by the City
Council of the City of Andover.
....,
,
...J
City of Andover
~ -
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.-,
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...., ATTEST
...J
...., f~ . I. ;:;~,'
-..J :/--< ~~ V"~~
Victoria Vol , City Clerk
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CITY OF A!\iTIO\fER LJ
COliNTY OF ANOKA n
STATE OF 0,.UNNESOTA u
Ordinance No. 40G n
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AJ.'\l" ORDINAJ.'\l"CE AMENDING ORDINANCE NO. 40, TIIE LOT SPLIT ,...,
ORDINANCE OF TIIE CITY OF AJ."IDO\fER.
LJ
TIIE CITY COUNCIL OF THE CITY OF AJ."IDO\fER HEREBY ORDAINS: r--,
LJ
Ordinance No. 40 is hereby amended as follows: ,...,
TITLE LJ
,...,
AN ORDINAJ.'J"CE REGULATING TIIE SPLITTING OF RESIDEl'mAL LOTS, LJ
PARCELS OR TRACTS OF LAJ."ID WITIllN TIIE CITY OF ANDO\fER.
,...,
SECTION 1. DEFINITIONS u
,...,
A residential lot split is any division of a lot, parcel, or tract of land into not more , ,
than two (2) parcels when both divided parcels meet or exceed the minimum
requirements for platted lots in the applicable zoning district. ,.....
LI
A. No residential lot, parcel or tract ofland shall be divided unless the resultant ,.....
lots have at least the minimum width, depth and square footage as required
for any parcel of land in the zoning district wherein the lot is located. LI
n
B. No owner may utilize this method ofland division on any parcel more than . L'
one (1) time in any three (3) year period. A three (3) year waiting period
for a lot split is required on aHlots, parcels or tracts from the date they were n
created by previous lot splits under this ordinance. w
,...,
Adopted by the City Council of the City of Andover this _21h_ day of LJ
November , 1996.
n
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ATJE:ST: (~.et . n
/J<.v C-~
I J
Yictoria Yolk, City Clerk
n
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.. CITY OF A~1)OVER
.J COUNTY OF Ai"\[OKA
STA TE OF lvfL'-<"NESOT A
..
LJ ORDINANCE NO. ill
..
LJ Ai"\[ ORDINAi"\[CE REGULATING PLM0ffiD UN1T DEVELOPl\1ENTS
(PUDS) IN THE CITY OF ANDOVER.
....,
LJ Section I. Purpose. This Ordinance is intended to provide for and permit
.. flexibility of site design and architecture for the conservation of land and open
space thiough clustering of buildings and activities. This flexibility can be
;..J achieved by waiving or varying from the provisions of Ordinance No.8, the
'1 Zoning Ordinance, including lot sizes, setbacks, heights and similar regulations,
J while at the same time preserving the health, safety, order, convenience, prosperity
and general welfare of the Citv of Andover and its inhabitants. Planned Unit
~ .
'1 Developments encourage:
;..J
~. 1. Innovations in development to the end that the growing demands for all
;.j sty'les of econornic expansion may be met by greater variety in type, design,
and siting of structures and by the conservation and more efficient use of land
l in such developments;
;.j
...., 2. Higher standards of site and building design through the use of trained and
...J experienced land planners, architects and landscape architects;
...., 3. More convenience in location and design of development and service
.J facilities;
.., 4. The preservation and enhancement of desirable site characteristics such as
LJ natural topography, geologic features and the prevention of soil erosion;
..
...J 5. A creative use ofIand and related physical development which allows a
phased and orderly transition of land from rural to urban uses;
....,
~ 6. An efficient use ofIand resulting in smaller networks ofl;1tiIities and streets
...., thereby lowering the development costs and public investments;
.J
7. A development pattern in harmony with the Andover Comprehensive Plan.
...., (PUD is not intended as a means to vary applicable planning and zoning
.J principles.)
...., .
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8. A more desirable and creative environment than might be possible through
the strict application of the zoning and subdivision regulations of the City. ,...,
lJ
Section 2. Definition. Planned Unit Developments (PUDs) shall include all ,...,
developments having two (2) or more principal uses or structures on a single u
parcel ofland which shall include to\vnhouses, single and two-family homes,
apartment projects involving more than one (1) building, residential subdivisions n
submitted under density zoning provisions, multi-use structures, such as an u
apartment building \vith retail at ground floor level, commercial developments, ,...,
industrial developments, mixed residential and commercial developments and
similar projects. LJ
,.....
Section 3. Zoning District Supplement. A Planned Unit Development (PUD) u
District is supplementary to a zoning district within or encompassing all or a
portion or portions of one or more original districts in accordance with the ,.....
provisions of this Ordinance and the Zoning Ordinance. As used in this L
Ordinance, the term "original district" shall mean a zoning district as described in r"'
Ordinance No.8, the Zoning Ordinance. u
Section 4; General Requirements and Standards. ,.....
L.
1. O\vnership: An application for PUD approval must be filed by the ,.....
landowner or jointly by all landowners of the property included in a , ,
project. The application and all submissions must be directed to the
development of the property as a unified whole. In the case of ,.....
multiple ownership, the Approved Final Plan or Plat shall be LJ
binding on all owners. ,...,
2. Comprehensive Plan Consistencv: The proposed POO shall be LJ
consistent with the Andover Comprehensive Plan. ,...,
u
... Sanitary Sewer Plan Consistencv: The proposed PUD shall be
.J.
consistent with the Andover Comprehensive Sewer Plan when ,...,
applicable. u
,...,
4. Ordinance Consistencv: The proposed PUD shall be consistent u
with the intent and purpose of City Ordinance provisions relating to
land use, subdivision and development. ,...,
u
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2 ,...,
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...., 5. Common Open Space: Common open space at least sufficient to
LJ meet the minimum density requirements established by the City shall
be provided \vithin the area of the PUD. except as provided in
...., Subsection 8 below.
LJ
6. Operatin~ and Maintenance Requirements for PUD Common Opea
...., SpacelFacilities: Whenever and wherever common open space or
...J service facilities are provided within a POO, the POO shall contain
...., provisions to assure the continued operation and maintenance of
...J such open space and service facilities to a pre-determined reasonable
standard. Common open space and service facilities within the POO
-, may be placed under the ownership of one or more of the following,
L.l as approved by the City Council:
~
..J a. Dedicated to public, where a community-wide use is anticipated
and the City Council agrees to accept the dedication.
~
~ b. Landlord control, \vhere only use by tenants is anticipated.
'I c. Property Owners Association, provided all of the following
I
..J conditions are met:
.,
.J 1. Prior to the use or occupancy or sale or the execution of
contracts for sale of an individual building unit, parcel, tracts,
'I townhouses, apartment, or common area, a declaration of
.J covenants, conditions and restrictions or an equivalent document
...., shall be filed with the City of Andover. Said filing with the City
LJ shall be made prior to the filings of said declaration or document
with the recording officer of Anoka County, Minnesota.
n
LJ 2. The declaration of covenants, conditions and restrictions or
...., equivalent document shall specify that deeds, leases or
...J documents of conveyance affecting buildings, units, parcels,
tracts, to\vnhouses, or apartments shall subject said properties to
.. the terms of said declaration.
LJ
~ 3. The declaration of covenants, conditions and restrictions
LJ shall provide that an owner's association shall be formed and that
all owners shall be a member of said association which shall
.. maintain all properties and common areas in good repair and
LJ which shall assess or charge individual property owners
.. .
L.J 3
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n
proportionate shares of joint or common costs. This declaration LJ
shall be subject to revie\',( and approval by the City Attorney.
The intent of this requirement is to protect the property values of ,...,
the individual owners through established private control. LJ
n
4. The declaration shall additionally, amongst other things, LJ
provide that in the event the association fails to maintain
properties in accordance with the applicable rules and regulations n
of the City of Andover or fails to pay ta.xes or assessments on LJ
properties as they become due and in the event the City of n
Andover incurs any expenses in enforcing its rules and
regulations, \vhich said expenses are not immediately reimbursed LJ
by the association, then the City of Andover shall have the right n
to assess each property its prorata share of said expenses. Such L'
assessments, together with interest thereon and costs of
collection, shall be a lien on each property against which each n
such assessment is made. L'
,...,
5. Membership of the association shall be mandatory for each L)
owner and any successive buyer.
n
6. The open space restrictions shall be permanent and not for a L)
given period oftime. ,.....
, J
7. The Association must be responsible for liability insurance,
local taxes and the maintenance of the open space facilities n
deeded to it. , I
8. Property owner must pay the prorata share of the cost of the n
Association by means of an assessment to be levied by the l.
Association which meets the requirements for becoming a lien on r
the property in accordance with Minnesota Statutes. t.
9. The Association must be able to adjust the assessments to r
meet changing needs. l.
r-
10. The by-laws and rules of the Association and all covenants L
and restrictions to be recorded must be approved by the City
Council prior to the approval of the final POO plan or plat. r
L
r
. L
4 r
L
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...., 7. Staging of Public and Common Op~n Spac~. When a POO provides
LJ for common or public open space and is planned as a staged
developm~nt over a period of time. the total area of common or
...., public open space or land escrow security in any stage of
J development shall, at a minimum, bear the same relationship to the
...., total open space to be provided in the entire PUD as the stages or
-.I units completed or under development bear to the entire PUD.
.-, 8. Densitv. The density of a PUD shall conform to the regulations of
- -
.J the zoning district in \vhich the land and project are located and shall
.-, be based on the net buildable area (exclude streets), except that
-.I density increases of up to five (5%) percent (20% maximum total)
may be allowed for each category listed below at the discretion of the
., City Council, as an incentive for the developer to include the
..J following features hereby determined to be a benefit to the public.
~ a. Significant undeveloped common open space.
L1
~ b. Significant improved common open space.
...J
c. Distinctiveness and excellence in setting design and landscaping.
~
..J d. Architectural style and overall appearance and compatibility of
~ individual buildings to other site elements or to surrounding
.J development.
...., 9. Staging of Development. Whenever a PUD is to be developed in
L1 stages, the density of the stages when totalled shall not exceed the
...., proposed residential density of the entire PUD. The City may
LJ require a developer to record a restrictive covenant in favor of the
City to insure that all stages or phases will be developed within the
..., overall density for the entire PUD.
-.I
10. Utilities. All utilities shall conform to the design standards of
...., Ordinance No.1 0, the Subdividing and Platting Ordinance and other
LJ applicable design standards on file with the City. All utilities,
.-, including, but not limited to, telephone, electricity, gas, and
'--J telecable shall be installed underground.
..., 11. Citv Utilities. All city utilities including water, sanitary sewer,
LJ storm sevy'er and streets shall be designed, installed and maintained
....,
LJ
5
....,
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by the City in conformance with all city. standards and practices. LJ
Utility. easements shall be dedicated as required by the City.
n
12. Urban Development and Availability of Public Service. All u
development shall be carefully phased so as to ensure that it will n
not cause an unreasonable burden upon the City in providing u
services and utilities or cause a deleterious irnpact upon the natural
environment. n
u
13. Streets and Site Improvements. All streets and site improvements
shall meet the design standards and regulations contained in n
Ordinance No. 10, the Platting and Subdividing Ordinance, unless LJ
otherwise approved by the City Council. ~
L.'
14. Landscaping. In any PUD, landscaping shall be provided according
to a plan approved by the City Council, which shall include a ~
detailed planting list with sizes and species indicated as a part of the LJ
Final Plan. In assessing the landscape plan, the City Council shall ,...,
consider natural features of the particular site, the architectural LJ
characteristics of the proposed structures and the overall scheme of
the PUD. n
L J
15. Special Requirements and Standards.
r"
a. Residential Planned Unit Developments (Density Zoning). ' j
,.-,
1. Required Frontage and Minimum Project Size. The tract of u
land for which a project is proposed and permit requested shall
not have less than two hundred (200') feet of frontage on the n
public right-of-way and be a minimum of two (2 a.) acres. L
r
2. Yards. L
a. The front and side yard restrictions at the periphery of the r
PUD site shall, at a minimum, be the same as those required l
in the zoning district. r
b. No building shall be located less than fifteen (15') feet L
from the back of the curb line along those streets which are r
part of the private internal street pattern. L
r
. L
6 r
L
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;J
...., c. No building \vithin the project shall be located nearer to
LJ another building than one-half (I/2) the sum of the building
heights of the t\\fO (2) buildings.
--,
--.J d. No building shall be located nearer than its building height
...., to the rear arId side property lines.
.J b. Commercial or Industrial Planned Unit Development~.
....,
u 1. Required Frontage arId Minimum Project Size. The tract of
land for which a project is proposed and permit requested shall
...., not have less tharI t\vo hundred (200') feet of frontage on the
LJ public right-of-way arId be a minimum oft\vo (2 a.) acres.
--,
..J 2. Yards.
~ a. The front arId side yard restrictions at the periphery of the
..J POO site shall, at a minimum, be the same as those required
--, in the zoning district.
..J
b. No building shall be located nearer tharI its building height
...., to the rear arId side property lines.
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~ 3. LarIdscaping, Surfacing arId Screening.
~ a. All areas disturbed on the site other than that covered by
--, structures or hard surfacing shall be larIdscaped in
u compliance with this OrdinarIce arId all other applicable
City OrdinarIces.
....,
LJ b. The entire site other tharI that taken up by structures or
...., landscaping shall be surfaced in accordance with the
LJ starIdards on file in the office of the City Engineer.
--, c. Developments abutting a residential district shall be
LJ screened arId larIdscaped in compliarIce with the Zoning
...., OrdinarIce arId other applicable regulations.
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c. Mixed Use Planned Unit Developments.
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.J 7
--,
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Required Frontage and Minimum Project Size. The tract of ,...,
1.
land for which a project is proposed and permit requested shall u
not have less than t\vo hundred (100') feet of frontage on the n
public right-of-way and be a minimum oft\Vo (1 a.) acres. LJ
2. Yards. n
LJ
a. The front and side yard restrictions at the periphery of the ,...,
PUD site shall, at a minimum, be the same as those required Ll
in the zoning district.
,...,
b. No building shall be located nearer than its building height L)
to the rear and side property lines. ,...,
3. Landscaping, Surfacing and Screening. LJ
r1
a. All areas disturbed on the site other than that covered by LJ
structures or hard surfacing shall be landscaped in compliance
with this Ordinance and all other applicable City Ordinances. ,.....
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b. The entire site other than that taken up by structures or n
landscaping shall be surfaced in accordance \vith the , ,
standards on file in the office of the City Engineer.
n
c. Developments abutting a residential district shall be ' I
screened and landscaped in compliance with the Zoning n
Ordinance and other applicable regulations. "
16. Sign Requirements. Signs shall be regulated and conform to the r
standards set out in Ordinance No.8, Section 8.07. All signs shall L
be shown on the Final Plan.
r
17. Special Protection Districts. Planned Unit Developments involving L
land within the Flood Plain, Shoreland Management or Scenic River r
Districts shall be subject to the provisions of those ordinances L
regulating said districts.
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Section 5. Application. Review and Administration. The general sequence for L
application, review and action on a PUD shall be the same as platting a property as r
specified in Ordinance No. 10, the Platting and Subdividing Ordinance. A Special L
Use Permit shall be required. Application for the Special Use Permit shall be
r
.
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8
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'J made as specified in Ordinance No.8, Section 5.03 and shall be made in
conjunction with the filing of the Preliminary Plat Application.
..
J Section 6. Violation and Penalty.
...., I. Misdemeanor. Any person, firm or corporation violating any of the
...J provisions of this Ordinance shall be guilty of a misdemeanor, and
...., upon conviction thereof shall be punished as defined by State Law.
.J
2. Other Remedies. In addition to the penalties imposed by this
.. ordinance, the City may exercise, with or separately from such
...J penalties, all and any other legal and equitable remedies then
~ available to the City by this ordinance, or by statute, or by other
J ordinances of the City, or by applicable rules and regulations, to
enforce this ordinance, including, without limitation, injunction.
...,
i
U Section 7. Effective Date. This Ordinance shall take effect and be in force from
~ and after its passage and publication.
tJ . Passed by the City Council of the City of Andover this 4th day of June
,
~ 1996.
.J
CITY OF ANDOVER
~ ,). { )JJv~
.J
.. ATTEST J.E. McKelvey, Mayor
.j L~ ad
.. Victoria V olk, City Clerk
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LJ
...,
J CITY of ANDOVER
....,
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....,
.J SPECIAL ANDOVER CITY COUNCIL MEETING -AUGUST 12,1999
MINUTES
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A Special Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on
..., August 12, 1999, 7:02 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover,
LJ Minnesota. .
..., Councilmembers present: Julie Johnson, Mike Knight, Ken Orttel
;.J Councilmember absent: Don Jacobson
Also present: City Building Official, Dave Almgren
~ Building Inspector, Don Olson
...J Planner, Jeff Johnson
'I Planner, John Hinzman
Planning Intern, Megan Barnett
;.j Community Development Director, Dave Carlberg
" Planning and Zoning Commissioners: Maynard Apel, Larry Dalien,
LJ Dean Daninger, Doug Falk, Mark Hedin
Zoning Ordinance Task Force Member, Richard Erickson
'I Residents Charlie Veiman and Bill Hupp
LJ
...., REVIEW PROPOSED ZONING ORDINANCE (DRAFT) WITH ZONING ORDNANCE
LJ' REVIEW TASK FORCE
..., Mr. Johnson reviewed the process used to revise the Zoning Ordinance which included the
~ involvement of the community, analyzing the concerns of the current ordinance, agreeing on the
scope of the changes and obtaining input from the City Council before going to a public hearing.
..., About 95 percent of the proposed language is from the current ordinance. Staff is still reviewing the
,-J draft to be sure it is consistent with the Comprehensive Plan. He suggested the Council mark their
copies for grammatical errors and submit them to Staff.
..,
LJ Those present then reviewed the proposed draft Zoning Ordinance on a page-by-page basis:
.., Page 2, Item H, Sentence "Ensure that service demands of new developments will not exceed the
u capacities qf existing streets, utilities or public services.": Councilmember Orttel felt if this item
...., were strictly interpreted as written, it would end any further development in the City. He understood
LJ it is meant in the. broad sense; however, how would the City respond if someone challenged a
development based on the statement as written. After some discussion, it was suggested the sentence
...., be modified to "...new development will take into account the capacity of existing streets..." or
LJ "...consider the service demands of new developments relative to the system's capacity." Staff
agreed to rewrite the item.
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Special Andover City Council .'.leeling
Afinutes - AUguSI 12. 1999 n
Page 2 u
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(Review Draft of Proposed Zoning Ordinance. Continued) LJ
Page 6, 10-070.0 Designation of Zoning Districts, A, Residential Districts: The Council discussed ,...,
the issue of the R-2 and R-3 zoning districts and what the implications would be if those areas were u
rezoned to R-l. Mr. Carlberg stated the main problem may be with the uses allowed in the R-l,
mainly agricultural or related to animals. Mr. Almgren noted the R-2 zone requires a larger house n
size. Mr. Hinzman stated another issue is two areas that are developed to the R-3 standards but are LJ
zoned R-l. He wondered if those areas, south of 161st Avenue west of Swallow and the South
Enchanted Drive area. should be rezoned to R-3 rather than grant variances as use requests come n
forward. L)
Councilmember Orttel felt it makes sense to have an acreage requirement for those types of uses .--,
allowed in the rural area and rezone everything to the R-l zone, but he didn't know if the size of L.
home would be a problem. Mr. Almgren didn't think that would be much ofa problem. There isn't ~
much left in the R-2 area to build on. Mr. Carlberg felt the biggest issue may be with setbacks, as
there may be a lot of nonconformity on those lots. He stated Staff will explore the option further of L'
a blanket rezoning to R-1 in the rural area Councilmember Orttel suggested a change may be to the n
R-1 zone with an asterisk · to allow administrative approvals of setback issues that would be L)
affected by the zoning.
..,
Page 13, Dog Kennel, Commercial: It was pointed out there is no definition for private dog kennel. , j
Mr. Johnson stated it was removed in the draft ordinance. A commercial kennel license is allowed
in the R-l zone by Conditional Use Permit; but a private kennel license, also allowed in the R-1 n
zone, will go directly to the Council. He didn't see a problem adding a definition for private kennel LJ
license and stated Staff will look at it again.
n
There was some discussion on the number of dogs that would be allowed in a private kennel. The LJ
current ordinance sets a maximum of six. Mr. Johnson stated most communities do not set a
maximum but evaluate it on a case-by-case basis. Councilmember Knight wondered what is the r
difference between 20 dogs allowed by a commercial license and 20 dogs allowed under a private. I.
kennel license. Council member Ortte1 felt the limit for private kennels had to do the large dogs, not r
the little ones. Possibly up to six dogs in a private kennel should be allowed administratively, and
anything over that would need a Conditional Use Permit. Staff stated they will add a definition for L
private kennels and will look again at the number of dogs that would be allowed. r
Page 18, Manufactured Home: There was some question as to whether or not this item should be L
included in the definitions of the ordinance. Mr. Johnson was asked to contact the City Attorney r
about the legality of eliminating it. On the other hand, it was pointed out it would not be desirable L
to have someone come in with a definition if the City does not have one. Mr. Almgren suggested
using the definition from the building code. r
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Page 25, Therapeutic Massage: Mr. Johnson stated that item will be redefined because of the recent
change to allow them by Conditional Use Penn it in residential areas. r
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..J Special Andover Cily Council ,I"feeling
.Iv/inures - A uguSI 12. 1999
...., Page 3
.J
~ (Review Draft of Proposed Zoning Ordinance, Continued)
L.J
...., Page 28, Article II, Base District Regulations: Mr. Johnson noted that the setback requirements
stayed the same as the current ordinance. Mr. Carlberg suggested the Council discuss the multi-
LJ family issue. Town homes have been removed from the R-4 district as a special use, but the
...., Comprehensive Plan did not add any new M-1 or M-2 districts. Multiples can be developed in the
LJ R-4 zone by Planned Unit Development, which may defeat the purpose of the zone; so the Council
may want to look at that issue. Councilmember Orttel stated increased density can occur by blending
" multiples with single family developments or designate some areas for higher densities such as
LJ apartments. The City must determine which standard it will take, as it is getting pressure from
developers for increased density. The policy has been that higher density housing in Andover is not
.-, practical because of transportation, law enforcement and crowded school issues.
LJ
Mr. Hinzman stated the preliminary comments from the Metropolitan Council staff on Andover's
.-, Compreh:nsive Plan is to increase density in new developments in the urban area to three units per
LJ acre. Currently R-l developments average 2.1 to 2.2 units per acre. Increasing the density could
mean mixing four- to six-unit multiples with single family developments. The second issue is the
..., I for 10 or 4 for 40 density in the rural area to preserve open space for future extension of utilities.
LJ The Metropolitan Council Staff are saying any new rural development would have to be on a 1 for
10 basis. Within the Comprehensive Plan, the platting of large lot acres within the 2020 MUSA
~ would be prohibited to preserve that area for the extension of services. The other question is how
LJ big does the City want to get. Will there be a demand for more land beyond the 2020 MUSA and
" will the Council want to serve that zone up to the 2040 line? Should the land between the 2020 and
2040 MUSA line be preserved to bring urban services there? Even though there is a lot of peat in
LJ the rural area, the question is how deep is it and how valuable will it become in the future that it
...., becomes cost effective to develop regardless of the peat.
i..J Commissioner Apel pointed out it is also a property rights issue not to allow development of a
~ person's land for 20 to 40 years. The residents like the open spaces and probably would support
..J leaving the rural area rural. Councilmember Orttel stated it is not possible to predict the social
change between now and 2040. There has been a large movement toward more dense living.
--, However, that development in turn impacts the existing residents in traffic, schools, crime, etc.
LJ Councilmember Knight felt the present homeowners in the City should be considered. The feedback
he gets from the residents is that they do not want to see the City developed to that extent.
--,
~J Discussion continued on the traffic issues. No decision was made on multiples or urban
development beyond 2020.
....,
o..J Page 32, Table 20-040-01. Minimum Residential District Requirements: It was noted the table needs
...., to be rotated and renumbered.
.J Page 39, 35-030.0 Decks and Porches: Mr. Almgren suggested the paragraph be re\';ritten to delete
...., porches because they are part of the residential structure. The paragraph should apply to decks only.
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Special Andover City Council ,\;feeting LJ
,'-'!inutes - August 12. 1999 n
Page -I u
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(Review Draft of Proposed Zoning Ordinance, Continued)
Page 40, first paragraph: Mr. Almgren stated the top paragraph needs to be reworded regarding LJ
cantilevers in the rear yard. Cantilevers have been allowed to encroach into the drainage utility ,...,
easement because they don't take away any area from the 100-year flood. After some discussion, LJ
it was agreed the sentence should specify "city utility easements", as it is not intended to apply to
private utility easements such as power and gas. ,...,
LJ
Page 41,35-090.0 Fences and Wells: Mr. Almgren didn't think the provision covers the issue of
fencing on corner lots. He suggested the side yard fencing on a corner lot where the side yard n
becomes the front yard of an adjacent lot be allowed six feet high until the 35-foot front-yard setback L)
of the adjacent lot. From that point to the street it would drop down to four feet high, which is the
minimum height permitted in the front yard setback. Otherwise it is not fair to the adjacent n
homeowner to have to look at the six-foot high fence in the front yard. There was a lengthy LJ
discussion on sight lines and scenarios of corner lots and the effect of Mr. Almgren's proposal on
them. There was general agreement to include that fencing provision on corner lots. ro
LJ
Page 42, 35-100.0 Land Reclamation: Councilmember Orttel understood the paragraph allows n
properties to be filled, and he felt it means in conjunction with the platting process. He also wasn't
sure if this has to do with landscaping, which is not land reclamation. Mr. Carlberg stated Staffwill LI
clarify that paragraph. ,.-,
Page 43, 35-110.0 Mining: Mr. Johnson stated nothing has changed in this provision of the ' I
ordinance. Mr. Carlberg felt some clarification may be needed of final plats. n
Page 43,35-130.0 Gasoline Service Stations: Discussion noted the difference between a gasoline u
service station and a repair garage is not clearly defined. It was felt repair garages would be for more r
intense vehicular repairs. Staff agreed to look at the definitions and clarify the differences. l,
Page 45, Paragraph 2, Home Occupations located in an accessory structure and/or requiring exterior r
storage: Councilmember Orttel questioned if only cabinet making, woodworking and repair services l.
are allowed in accessory structures. He felt that section was confusing. Mr. Carlberg stated those
uses plus similar ones that are conducted in an accessory structure are allowed by Conditional Use r
Permit. It may not be necessary to list items a-c. Mr. Johnson thought they were included in the L
ordinance because of the problems at one time with automobile repair home occupations. Mr.
Carlberg stated there may be better language for this section. Staff ""ill look at it again. r
l
Page 49, paragraph relating to parking or storage ofvehic1es on R-1, R-2 and R-3 residential zones: r
Several people questioned the proposed code of allowing only up to two vehicles to be parked off L
the driveway or on the lawn/grass in these zones. While it was understood common sense should
prevail when more vehicles would be parked on the lawn because of family reunions, etc., it was also r
argued that such instances would technically violate the ordinance and could be subject to a warning L
or fine. Because this generally is not a problem in the rural areas and because the provision is to
protect the neighbors, it was suggested the phrase "in view of the neighbors" be added. r
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LJ Special Andover City Councillvleeting
Afinutes - August 12. 1999
..., Page 5
u
...., (Review Draft of Proposed Zoning Ordinance. Continued)
U Page 49, Paragraphs 7, 8 and 9 relating to the parking of boats, trailers, campers and recreational
vehicles: Commissioner Dalien felt the three paragraphs are very confusing. Mr. Johnson stated
'1 those paragraphs apply to all residential districts. Most of the complaints come from the R-4 urban
LJ area and most problems are handled on a complaint basis. Council discussion was possibly there
..., should be some room for differences between the residential zones, as the rural areas tend to be more
accepting of the outdoor storage of these vehicles. Mr. Carlberg stated they will research other
L.J communities and look at allowing differences between the urban and rural areas.
'-,
LJ Page 53, Article IV Signs: Councilmember Orttel noticed there seem to be more offensive temporary
signs around the City. Mr. Carlberg stated Code Enforcement has been cracking down on the
~, temporary signs to be sure they are permitted and are kept out of the right of way.
U
Page 63, Article V, Off-Street Parking and Loading Regulations: It was noted the section should be
~ clarified that it relates to commercial areas.
U
Pag~ 74, Article VI, Landscaping Requirements: Councilmember Johnson received a complaint from
...., a resident whose neighbor has not yet seeded or sodded the back yard. The ordinance requires
d homeowners to provide a lawn within one year of moving into the house; however, apparently this
homeowner moved in before the ordinance was approved and does not have to meet that provision
.., because there is no retroactive clause. Mr. Carlberg stated he will check with legal counsel as to
~J whether or not a retroactive clause can be added to this provision of the ordinance. They do get very
...., few complaints on this. Also, Article VI relates to commercial landscaping.
LJ Page 90, 60-040.0 Variances: Councilmember Orttel questioned going through the public hearing
--, process for variances. Mr. Johnson stated Staff feels it is crucial that the public be informed.
d Without a public hearing, the neighbors do not receive notification even if the variance has a direct
affect on them. Several Planning and Zoriing Commissioners stated they liked the idea of the public
..., hearings. The public is notified and can comment. People have often complained that they were not
--J notified of these things. No change was recommended.
.. Discussion was also on the new signs that are posted on properties involved in a public hearing. It
--J was questioned if those signs should be posted for simple items such as a vacation of easement that
does not generally affect the public at large. When those signs go up, the Council is getting calls but
.. does not have any information yet. Mr. Hinzman stated rather than being arbitrary in determining
~1 when the signs should or should not be posted, he is posting signs whenever a public hearing is to
be held. He will send the Council draft copies of the Agenda so they are aware of the proposal on
.. those properties. Mr. Carlberg stated they are looking to change the language of the signs to indicate
-J what is being proposed. which should clarify some of the confusion.
-, There were no further comments on the draft Zoning Ordinance. Mr. Johnson stated Staff will
...J redraft the ordinance with the proposed changes for Council review, then schedule a public hearing.
-, He anticipated the public hearing will be scheduled for late September or October.
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Special Andover City Council Meeting
Minutes -August 12.1999 ,.,
Page 6 LJ
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PRELIMINARY PLAN OF THE AREA BEING DEVELOPED BY 116 LLC, ANDOVER LJ
STATION
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Mr. Carlberg presented a concept of a development proposed by 116 LLC in the area of Andover u
Theater in Andover Station. The development consists of a steak house restaurant, a sports bar with
arcade, a 17,000 square-foot banquet hall with court yard and an office warehouse area consisting ,...,
of 10 buildings with interior employee parking and trunk delivery. Staffwill be encouraging more LJ
green space and pedestrian trails. The next step is to determine what the buildings will look like and
tie it into what will be done to the west by Ryan Company. n
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The Council generally agreed with the concept presented.
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Motion by Orttel, Seconded by Johnson, to adjourn. Motion carried on a 4- Yes, I-Absent r
(Jacobson) vote.
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The meeting adjourned at 9:47 p.m. r
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Respectfully submitted, r-'
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Marcella A. Peach L
Recording Secretary
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u CITY of ANDOVER
.-, 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304. (612) 755-5100
U
.-, NOTICE OF PUBLIC HEARING
u
.-, CITY OF ANDOVER
LJ COUNTY OF ANOKA
STATE OF l\1INNESOTA
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LJ The Planning and Zoning Commission of the City of Andover will hold a public
-, hearing at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, December
.J 14, 1999 at Andover City Hall, 1685 Crosstown Boulevard NW, Andover,
Minnesota to review the proposed Zoning Ordinance (Ordinance No. 208). The
-, following ordinances will be repealed in conjunction with the adoption of
u Ordinance No. 208: Ordinance No.8, the current Zoning Ordinance; Ordinance
..., No. 14, an amendment to Ordinance No.8 regulating the keeping of dogs and cats;
I Ordinance No. 40, an ordinance regulating the division of lots; and Ordinance No.
..J 112, an ordinance regulating planned unit developments.
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~ All written and verbal comments will be received at that time and location.
~ A copy of these ordinances "viII be made available for review at City Hall prior to
..J said meeting.
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~ Jeff Johnson, Zoning Administrator
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-J Publication Dates: December 3, 1999
December 10, 1999 ?
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PRINTER'S AFFIDAVIT OF PU8LICA TION
~
.J NOTICE Of PUBLIC HEARING,
STATE OF MINNESOTA )
CITY 0' ANDOVU: County of Anoka ) SS
-, COUN'TY 0' ANOkA,
STAn OF MINNESOTA
,j Th. Pf.nnlng .nd Zoning Commillion of
the City of Andowr .....ill hold . pu~ic hf.ring PI,."II:r G. B,l\Jky. I'x:mg July sworn. (Ill ll;lIh "'~I)'!' thJ( he is Ihe managing I.'lliwr or Iht:
II 1:00 p.m.. Of IS loon lhet'@,tt., II GIn b. nCW~rJ(lI:r 1..lHmll as Ih.: .-\tloL:J CllUllly L'lIitlll. and h,,-, full k.ntl\\kJgc nr the f,H,:IS whh:h
'ft@.rd, on Tuesd.y, Oecember 14. 1999 It
~ ~OV., City Hill. 1685 Crosstown Iothot.td nn: SI;Jh:t.I t'lcluw:
NW. Ando".,. Minnesota to l't'View the pr0-
posed Zonh'9 Ordinance (O,dln.nce No. IA) The llCW"f1;1pcr hn~ I.:umplied Wilh ;111 Ill' (he;:' f'C4uircmc:nls cnnstiluting qunlific:llion
oJ 201). The following ordln.nUJ will b.
,..pelled In contunc:tlon with the adGp(ion of as a (IU;llilicJ nc"",sraJ",:r. liS prtlViJcd hy \linlll:\\lla SlillUIC .1.11A.l}2, .1,lIA,07. .mtl lllhcr
Ordin.lnCl No. 208: Ordlnlnce No. a. the Cut. arpli,,:ah"'- I;IW\, a~ alTll.'lI"kd.
r~nt Zoning OrdINnc~; Ordinln" No. '''0 In
-, Imen~~nIIO Ordlnlnce No. a '~ulltin9 the
ItHping ordogs Ind Clts; O,dinlnce No.. <to, III) TIll.' prinll'd MHICE (Jr !'CIUI.le IIE..\I~IN(;.II)rdin;lIll'l.' NII.10~1 whidl i.. alladll'll
..J In ordin.lnu regu1ltlnCJ the d..,ilion 0' loti; W:l.. l'tll fnlllllhl.' l'\l11II1I1I", of ..aid llcw"p"I'll.'r. ,1I1tl wa~ I'rinll:t1 ;ullJ l'uhli\hl:t111lll'l' \."al,;h \1I\"d;
Ind Ordinlnc:. No. 111. In ordinlnce 'lNJulat.
ing pl.lnned Unit developmen~" for Iwu ,u(,'(,'c..li.i\'\.' \\'Cl'''''.'': il wa.. fiN put'lli...hcd 1111 r-riU:I), Ihl.' .1nJ day of Ikt.cllln....r. 19\,)tJ
All .....ritt~n and verbll COmm~n!1 .....i11 be .mu was Iher\.":If1er prinlcd and (luhli.,ht,:d 1111 \."\"cry hid:IY III .md illduJillg: r-riJ:IY, Ihe IOlh
~ rec~ived .It thl! Urn. Ind IOCllion. J;IY of I)cl'cmt'll.'r, 19\N. ;mJ prinlnJ "'dun- i, :ll"lIpy \11' lhl.' Itlwcr (,';lSC alphilOt:I fnll1l A In Z,
A copy 0' these Of'dinlnces .....i11 be m.lde
~ I...ailable fo, 'e'Yi~ It City Hili prio, 10 $.lid tJt)lh illdllsi\'I.'. whit.'h i~ hcrchy :~kllll\\ kd~l'd ;1'" hcing: Ill\." silt: ..ntl kintl Ilf t)-'pe' u!'l.:tI in lhc
meeling. ....llmpusili\llI mid puhli....;llil.1l Ili" Ih\,' nnlkc:
-I- Jeff lohmon
'eff lohnson, Zoning Adrntni'lrOlllor
OIIbcde'ghljtlmnopq"t"""""XYl abc:de'ghijklmnopqrstuvwlYZ
.., Publbht'd In Anob Co. Union
Oe<emberJ t& 10, 1999 a bederghlj k Imnopq rsluvwlfY l
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Suh~ll;ritlctl anti swurn tn hdllr~ me \)11
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' ... tlYCOMItIISSIlJHeXPlflESI.31.m$
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--, RATE INFOR~IATION'
~l II) r.nWl'~1 d;.I~",iril'll r;lll' p:lid hy l'lIl11ll1\,'n;l;Il $975
u"\,'r~ rur l'omp;lrahk 'pa,,'C I Line. wllrJ, \lr illt.:h rOllcl
--, $9.75
(1) 1\1..,imullI r..l~ ..1I11wt:d hy law for lhl.: a/"l,.l\l' llIath.:r
.J I Linc. \\I)rl1, or int.:h fall..' I
--, 1.111{alt.' al"lll:lll~" dl;lrgeJ fllr 1111.' :lhO\'e m.lII..:r $6.90
lLin.." wIlrd, urindl r;lI\,')
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