Adopt Ordinance #25-05: Code Amendments to Chapters 2, 10, 26, 105, 106, and 109

The Council introduced this ordinance on March 11, 2025.  

This case is generally related to the Zoning Code update adopted in late 2023.  That large re-write of the Zoning Code (the creation of Chapter 106) eliminated the concept of zoning permits.  A zoning permit was an administrative permit that required applicants to have a plan review of various things on their property that fell below the threshold for a building permit.  There were several problems with the old zoning permit program--mainly the lack of any inspection to ensure the permitted improvement was done according to plan.  A zoning permit, or something like it, is present in other places in City Code: Chapter 10 - Animals (beekeeping and horses) and Chapter 105 - Buildings and Building Regulations (small swimming pools).  Additionally, there are places that referenced Chapter 117 when it contained the Zoning Code that need to be redirected to Chapter 106 (found in Chapters 2, 26, and 109). 

While working in Chapters 10 and 105, staff is proposing to fix some language for clarity.  Also in Chapter 105, an old provision for swimming pool design is proposed to be removed relating to a complete perimeter patio or deck.  This requirement does not allow the construction of an infinity edge pool and has hampered pool designs for our residents.  The patio or decking may have had an origin in emergency response, but there is no provision in the Fire Code or Building Code for it.  The Fire Department has no objection to removing this requirement as they have methods for water rescues that do not require a patio or deck all the way around a pool.  

In Chapter 106 - Zoning Code, staff is proposing a few amendments:

Required Sureties and Financial Guarantees: When a building is constructed, the Certificate of Occupancy cannot be withheld due to most site improvements not being completed (landscaping, paving, lighting, etc.).  The way to ensure that they get done is to hold a letter of credit or cash that is released once finished.  The current standard is 125 percent of the cost estimates of all site improvements.  This can be a large financial burden on a business.  Instead, staff is proposing to only require a guarantee of 75 percent of the estimated costs that are on private property.  The 75 percent number has been used on varius projects in recent years.  Any improvements that extend into the public rights-of-way (such as a driveway apron or utility connections) will remain at 125 percent.  Additionally, common practice has been to allow for reductions along the way, but that process was not outlined in City Code.  

Bulk Standards (Residential): In the previous Zoning Code, there was an arterial roadway (generally Highways 10 and 47 and all County Roadways) that had a setback measurement of 60 feet from centerline and then the required front/side/rear setback measurement.  The intent was so that the State or County could have the desired 60-foot half right-of-way preserved if the property is unplatted.  In an attempt to simplify this rule, the measurement was changed to the property line and that put many platted properties out of conformance.  In theory, the County and State will get their necessary right-of-way at the time of platting, so the protection provision isn't necessary in the R- districts.  The proposed change will add some additional buffer space from the busier roadways and bring properties back into conformance. 
  
Planned Unit Developments - Purpose: The intent of a PUD is to accommodate all land uses that are consistent with the Comprehensive Plan.  Adding institutional and industrial to the list should make it clearer.  

 

A public hearing notice was placed in the legal section of the February 14 Anoka Union Herald Newspaper.  

Alternatives to consider:
1.  Introduce the ordinance as recommended by the Planning Commission.
2.  Introduce the ordinance with modifications the Council sees appropriate.
3.  Deny the ordinance and keep the existing language in place.

Costs associated with this work are a part of staff's typical duties. 

At its meeting on February 27, the Planning Commission unanimously recommended approval of the Ordinance.

Motion to adopt Ordinance #25-05 Amending Chapters 2, 10, 26, 105, 106, and 109 of City Code

Roll Call Vote