HomeMy WebLinkAbout1985-03-05 Minutes Pursuant to due call and notice thereof, the Planning and
Zoning Commission held their regular meeting on March 5,
1985 in City Hall. Chairman Tourville called the meeting
to order at 7,10 P.M. Present: Welk, Lindgren, Murray,
Buesseler.
Motion by Buesseler, second by Lindgren to approve the
minutes of the February 19, 1985 meeting, motion carried.
OLD BUSINESS:
Discussion on rezoning. Motion by Murray, second by Lindgren
to request an additional 60 days to make a recommendation
to the council on the rezoning of the property at 6805 -
20th Avenue South from Industrial to Commercial, motion
carried. This will give two Planning and Zoning members
time to attend a "Workshop on Rezoning" and acquire additional
information to aid in their decision on this matter.
Additional comments on the rezoning matter were:
- Comprehensive Plan doesn't address rezoning.
- If land located in flood plane - developmental limitations.
- The same types of problems the neighbors are complaining
about now could exist in a Commercial zone as well as a
Industrial zone.
- Consideration should be given to whether or not city
services are reachable in that corner of Centerville.
Matter to be further discussed at the next meeting.
Animal Ordinance discussed. Rough draft attached to and
made a part of these minutes.
NEW BUSINESS:
Tabled until next meeting due to the late hour.
Motion by Murray, second by Lindgren to adjourn meeting.
Meeting adjourned at 10:10 P.M.
Respectfully submitted,
� Re
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Debra Gonsior
Clerk
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ORDINANCE #10
CITY OF CENTERVILLE
CQUNTY OF ANOKA
STATE OF MINNESOTA
AN ORDINANCE ADOPT :D ?'.AY 9, 1972 AND ENTITLED "AN
ORDINANCE FOR A ...h3 FLAP: AND BUILDING REGULATION"
IS AENDED TO RELD:
SECTION I V. Ai L: :LS
c''C :'ION ;. _ s - - :en o::_iir: - , in possession of, or in
o : ,.'.e don' shall ride or lead
slid l c- . -- 71.,• a r :. :it another to ride or lead
said nir :.o1 on a coulevard, public sheet, highway,
Dublic :, -Ch o_ .ohoolyard e: :cent in such areas
Cuiv .. _ ' -`.:_1 . - -_.ii or hibchinz area within
the City a 11 •_..
Fa:Id - ON k r ,..',_ =_ -S. -'_ny person who violates or
(7,7) i tls to co:n->ly .� . -n» r_ovision of this ordinance
shall be „ilty .,_'a !..iE-d_ :neanor and, upon conviction
thereof, shall be Lus .ed by a fine defined by Minnesota
States or by c ri: : not to e:-ceed ninety days.
`- : :i . -- .. .. font to Ordiu nce 1 :10 shall be
in full force and e_ ec from and after its passage
and publication cs provided by law.
Adopted by the City Council of the City of Centerville
this 25th day of •1..1 ' , 1979.
WA I.T ?RAC-RR, [MAYOR
ATT2S'?
`LU FRL4HAR,
iOUNTY OF ANOKA
STbTE OF MINNESOTA -
! ‘ 1 I ORDINAN E #10
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AN ORDINANCE AMENDING ORDINANCE NO. 10 ADOPTED MAY 9, 1972, AND
ENTITLED "AN ORDINANCE F4 A ZONING PLAN AND BUILDING REGULATION."
The City Council of the City fo Centerville does ordain:
SECTION 1. Section 1 of Ordinance 10 adopted on May 9, 1972, and
entitled "An ordinance for a zoning plan and building ,
regulation" ih amended by the addition of the following
- subdivision:
.
ANIMALS ' A('
(a) In all zoning districts established by 44 -ire Ordinance, no non -
domestic animals shall be; allowed on less than five acres in area
except as permitted by this Section. Non- domestic animals are
animals and poultry commonly kept on a farm such as horses, cattle,
hogs, sheep, goats, chickens, and other similar animals.
(b) On lots of five to ten acres in size, a maximum of three horses,
ponies or foals shall be permitted. Any person who desires to have
an excess of three horses, ponies or foals on a five to ten acre parcel
shall apply for a special use permit in accordance withcSection III"
( Article IV Special Use Permits. There shall be no restriction on
t?f number of horses that1will be allowed on parcels of land in
0 excess of ten acres.
. (c) Any person, firm or corporation wishing to maintain a boarding
facility for such animals! shall apply for a special use permit in
accordance with Section ISI, Article IV, Special Use Permits.
(d) Any person, firm or corporation who is maintaining or keeping
non - domestic animals within the City of Centerville on the effective
date of this ordinance, shall be exempt from the above provisions
provided that there is no increase or replacement in the number of
animals that are presently being kept or maintained.
SECTION 2. This ordinanc? shall become effective from and after
its passage at publicatio .
Passed by the City Councirl this 14th of January, 1976.
OF ENrTE1jVILL -
T ST
C JERK- TREASURER
\./
. OF CENTERVILLE
ORDINAN LO.
CITY OF CEN'1ERV
COUNTY OF ANOKA
STATE OF MINNESOTA
AN ORDINANCE TO PROTECT AND PRESERVE THE PUBLIC HEALTH BY
REGULATING THE KEEPING OF ANIMALS AND FOWL WITHIN THE CITY
AND PROVIDING A PENALTY FOR VIOLATION THEREOF.
THE CITY OF CENTERVILLE, ANOKA COUNTY, MINNESOTA, ordains:
SECTION I.
INTENT
Subdivision 1.10 Except as hereinafter provided, it
shall be unlawful for any person, firm or corporation to
keep or harbor animals or fowl in this City or permit the
same to be done upon premises owned, occupied, or controlled
by him, except upon a parcel of land containing ten (10)
acres or more. This prohibition shall not apply to cats,
dogs, or fowl kept as household pets.
Subdivision 1.15 Animals with contagious disease of
any kind shall be securely confined on the premises of their
owner or harborer and shall not be permitted to approach
within fifty (50) feet of any public roadway or any place
where animals belonging to or harbored by another person are
confined or kept.
ORDINANCE TO:
Subdivision 1.21 To define guidlines for keeping of
animals on parcels of land located within the City of Centerville
and less than ten (10) acres in size.
Subdivision 1.22 To facilitate distribution of animals
within this City in such a manner as to prevent coincident
and concurrent high- density populations of both residents
and animals within the same eo ra k hical area byx
Peazmittn_ an -1 �T� t on smear parcels
of land s.".'�_''!? =— _ ? -_ _ _ _ 4 Toca ed within the boundaries
of areas designated as Rural Residential (RR) or Expansion
Residential (ER) on the current Centerville Use Plan or
zoning map.
Subdivision 1.23 To minimize the risk of nuisances
described herein and outlined in Section'a. even under proper
management and animal husbandry practices by:
a) Limiting the total number of animals to 1.0 animal
unit perzacre based on the total grazeable acreage of the
parcel.
b) Providing animal- specific nuisance guidelines.
SECTION II.
DEFINITIONS
When used in this ordinance, the following terms shall
be assigned the following meanings:
Subdivision 2,10 Animals: Shall mean and include horses,
mules, donkeys, cattle, sheep, swine, rabbits, skunks, foxes,
racoons, mink, and other similar animal beings which are
endowed with the power of voluntary motion.
Subdivision 2.20 Fowl: Shall mean and include all birds
of any kind, including poultry, turkeys, chickens, ducks,
geese, pigeons, gallinaceous birds, and other similar birds.
Subdivision 2,30 Household Pets: Shall mean and include
those animals and fowl ordinarily kept as pets, such as
dogs, cats, skunks, rabbits, racoons, and similar animals,
L
such as canaries, chickens, ducks, pigeons, and similar
birds, but shall not include horses, mules, donkeys, cattle,
sheep, goats, or swine.
Subdivision 2.40 Rural Residential (RR)and Expansion
Residential (ER): Shall mean designations applied to land
within the City of Centerville as described and illustrated
on the current Centerville Land Use Plan or zoning map.
Subdivision 2.50 Parcel of Land: Shall mean a piece
of contiguous real property under one title, OR a piece of
contiguous real property under more than one title, and that
the size of said real property be at least 5.0 acres upon
which is constructed no more than one (1.0) residence or
dwelling.
Subdivision 2.60 Animal Unit: Shall mean a unit of measure
to compare differences in the production of animal wastes
and which has as a standard the amount of waste produced on
a regular basis by a slaughter steer or heifer. For the
purposes of this ordinance, the following equivalents apply:
Species or Type Animal Units
of Animal per Single Animal
1) Slaughter Steer or Heifer 1.00
1) Horse 1.00
1) Pony 0.40
1) Mature Dairy Cow 1.40
1) Sheep 0.10
1) Goat 0.10
1) Turkey 0.018
1) Chicken 0.01
1) Duck j 0.01
1) Rabbit / 0.05
1) Goose 0.02
Subdivision 2.70 Grazable Acres Shall mean open acreage
currently providing enough pasture or agricultural crops
capable of supporting summer grazing at a density of one
animal unit or its equivalent per two acres.
Subdivision 2.80 Animals at Large: Animals not on
premises of or under direct control of their owner (s).
SE SN III.
S LESS THAN 10.00) ACRES.
Subdivi '..n 3 : Animals, except swine, may be kept
on parcels of - containing less than ten (10.00) acres
but cont.' ing a mi ' of 5 acres in Rural Residential
are_: and Urban Residen.ial areas.
and,
Urban
W
NUISANCE
Subdivision 3.10 No person shall suffer or allow any
animal or fowl to disturb the peace and quiet of the City
or to otherwise become a public nuisance so as to annoy,
injure, or endanger the health, safety, comfort, or repose
of the public or as may be in any way render the inhabitants
of the City of Centerville, or a considerable number thereof,
insecurL_in life or in use of property, or allow any animal
to be a nuisance as described in Section 1..0 through 1.70.
Subdivision 3.20. Complaints regarding violations of the
nuisance provision of this ordinance may be filed with the
Police Department.
a) Any person aggrieved by an animal nuisance may
P r-
make a written complaint to the Police Department, or such
other persons designated by the Mayor, stating the acts
complained of, the name and address of the owner of the
animal, and the name and address of the person making the
complaint.
b) The Police Department shall then promptly notify
the person owning or keeping the animal and shall order the
nuisance abated within 5 days.
c) If such animal nuisance is not abated w'/thin that
time, a charge may be made against the owner or eeper of
the animal and any person found to have violat-d the provisions
of this section shall be guilty of a misdemea or.
Subdivision x.30 Trespassing while astr de, driving,
or leading an animal is specifically prohie ted by State
of Minnesota Statute 609.605, Subdivision
Subdivision 3.4.0 Animal(s) at larg- is specifically
prohibited by State of Minnesota Statut- 609.605, Subdivision
3. Further, persons permitting animal to habitually run
at large will, upon conviction, be sull ect to provision
of Sectionfl of this ordinance.
Subdivision x.50 Animal Waste. Animal husbandry and
management practices shall be perfo.med in such a manner that
structures in which animals are ho sed and land containing
animals:
a) Shall be maintained in = clean and sanitary manner;
b) Shall be free of exces_ive accumulation of animal
wastes;
c) Shall not provide an attractive breeding site for flies;
d) Shall not cause exc :ssive emmision of animal waste odors;
Subdivision x.60 Further, animal wastes shall be disposed
of by removal from the premises or by tilling into the soil
at regular intervals.
SEC TIONI4
PENALTIES FOR NONCOMPLIANCE
Subdivision 4.10 Any person, firm, or corporation
violating any of the provisions of this ordinance shall,
upon conviction thereof, be deemed guilty of a misdemeanor
and punished by a fine defined by Minnesota Statutes or
by imprisonment not to exceed ninety days.
SECTION V$
CONTINUOUS, PRE- EXISTING AND NON - CONFORMIN G USE.
Subdivision S 10 Any continuous, pre- existing and
non - conforming uses that were in existence prior to enactment
of this ordinance shall be exempt from this ordinance, except
as nuisance violations contained herein shall apply. Exemption
from this ordinance is contingent upon compliance with all
of the following provisions:
Subdivision 5:11 Said use has been and will remain
continuous since its origination;
Subdivision 5:12 That any interruption in said use must
not exceed twelve S12) calendar months in length;
Subdivision 5.13 That the original acreage shall remain
intact and shall not be reduced by any cause, including
sale of inclusive real property or expiration of lease to
said property;
Subdivision &1U That said use shall not be intensified
in terms of either numbers of animals or additional species
of animals.
Subdivision 6.10 Action By The Planning Commission:
An application for a variance may be filed by the owner of
the affected property at any time. Application for a variance
shall be made to the Planning Commission on a form prescribed
by the commission and accompanied by such other information as
may be required by the commission. The Planning Commission may
hold a public hearing on the application no later than forty -
five (45) days after the filing of the application. Notice
of the hearing shall be mailed not less than ten (10) days
before the date of the hearing to each person who filed the
request and to each owner of property situated wholly or
partly within three hundred fifty (350) feet of the property
to which the variance relates insofar as the names and
addresses of such owners can be determined by the Clerk from
records available to the public. Within a reasonable time
after the hearing, the commission shall make its decision
on the request and make such recommendations on the request
to the council as it deems advisable.
Subdivision 6.20 Decision by The Council: Upon receipt
of the recommendations of the commission, the council shall
hold whatever hearings it deems advisable and shall make its
decision upon the request to grant the variance. In granting
the variance the council may impose conditions which it considers
necessary to meet the standards of this ordinance and to protect
the best interests of the surrounding area and the city as a
whole. Violation of any such condition is a violation of this
ordinance.
Subdivision 6.30 Standards: The Planning Commission
shall recommend a variance and the council shall order the
issuance of such variance only if it conforms to the following
standards:
a) Special conditions and circumstances exist
which are peculiar to the land, structure,
or building involved and do not result from
the actions of the petitioner;
b) Literal interpretation of the provisions of
this ordinance would deprive the petitioner
of rights commonly enjoyed by other properties
in the same district under the terms of this
ordinance;
c) Granting the variance requested will not
confer on the applicant any special privilege
that is denied by this ordinance to other
lands, structures, or buildings in the same
district;
d) The proposed variance will not unreasonably
diminish or impair established property values
within the surrounding area or in any other
respect impair the public health, safety, or
welfare of the residents of the city.
SECTION VII.
This ordinance shall take effect and be in force from
and after its passage and publication according to law.
Passed by the City Council this day of 1985.
SECTION «'
Subdivision 10.10 This ordinance shall take effect
and be in force from and after its passage and publication
according to law. Passed by the City Council this day
of 1985.
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