ITEM 3.11 Zoning OrdinanceOtk Fjf�J��o
MINNESOTA V
DEPARTMENT INFORMATION
Request for
City Council Action
Planning City Planner Licht 13 November 2017
Consent agenda City Administrator Flaherty 3.11— Zoning Ordinance
AGENDA ITEM DETAILS
City staff recommends approval of an ordinance amending the Zoning Ordinance regulating motor fuel and
related uses.
AREY,flI� SEEkI1VG APPROVAL OF A CONTRACT?. �_ �, ,�� ,r„� ,,IS A,PUB,LIG�-IEARIfUG REQUIRED?, ,', , , , " � _, � � M�` „r
No Held by Planning Commission 6 November 2017
The City of Otsego has initiated consideration of an amendment of the Zoning Ordinance to review
allowances and performance standards for motor fuel uses and related activities. A public hearing to
consider this matter has been noticed for the Planning Commission meeting on 6 November 2017. There
were no comments from the public. The Planning Commission had no concerns regarding the request.
The public hearing was closed and the Planning Commission voted 6-0 to recommend City Council approval
of the proposed ordinance.
St1l?P,ORTI,NG DOGUM,ENTSATTACHED
■ Planning Report dated 31 October 2017
■ Ordinance 2017-14
• Summary of Ordinance 2017-14
POSSIBLE MOTION
RLEASE
Motion to adopt Ordinance 2017-14 amending the Zoning Ordinance regulating motor fuel and related
uses and approve publication in summary form.
BUDGET INFORMATION
NA
The Planning Company
MEMORANDUM
TO: Otsego Planning Commission
FROM: D. Daniel Licht, AICP
DATE: 31 October 2017
RE: Otsego —Zoning Ordinance; Motor fuel and related uses
TPC FILE: 101.01
BACKGROUND
The City of Otsego has initiated consideration of an amendment of the Zoning Ordinance to
review allowances and performance standards for motor fuel uses and related activities. A
public hearing to consider this matter has been noticed for the Planning Commission meeting
on 6 November 2017.
Exhibits:
■ Draft amendment
■ Future Land Use Plan
■ Transportation Plan
ANALYSIS
Comprehensive Plan. A primary goal of the 2012 Comprehensive Plan is developing a cohesive
land use pattern that ensures compatibility and functional relationships among activities.
Based on this goal, the City has adopted policies to cluster complementary land uses and
activities into functionally related sub -units of the community and regulate potentially
incompatible land uses so that conflicts are minimized. Section 1-1-3 of the Zoning Ordinance
establishes that the adoption of zoning districts, allowed uses, and performance standards are
for the purpose of implementing the Comprehensive Plan.
Definitions. Section 20-2-2 of the Zoning Ordinance establishes definitions for motor fuel
stations and truck stops. City staff proposes the definitions be revised to provide greater
distinction between the two uses for the purpose of defining allowed locations by zoning
district. If a use is defined by the Zoning Ordinance and established as allowed within specific
zoning district(s), then it is prohibited from other zoning districts per Section 20-1-5 of the
Zoning Ordinance. The proposed definitions are as follows:
Motor Fuel Station: A place where gasoline is stored only in underground
tanks for operation of automobiles and retailed directly to the public on
premises, and including minor accessories, but not including truck stops.
Truck Stop: A motor fuel station devoted principally to the needs of semi -
tractor trailer and straight trucks (Class 4 or larger), including short term
parking areas for required operator rest periods, maintenance, servicing,
or repair (including major auto repair and tire services), dispensing of
motor fuel, truck scale, and the sale of accessories or equipment for trucks
and similar commercial vehicles; a truck stop may also include overnight
accommodations, lounge areas, shower facilities, convenience or full-
service restaurants, a car and/or truck wash, or other ancillary uses, which
also serve the travelling public in general.
Zoning Districts. Motor fuel stations are currently allowed as conditional uses within the B-2
District and B-3 District. A traffic study prepared on behalf of the City and Wright County to
evaluate a potential development of a truck stop use indicated a clear distinction in the type
and volume of traffic generated by a truck stop versus a general retail commercial
development. Based on the characteristics of a truck stop with large areas of short term
parking for semi-tractor/trailers and semi-tractor/trailer traffic volume related to such uses,
City staff recommends limiting allowance of truck stops to industrial zoning districts. City staff
has also made adjustments to allowances for automobile repair uses to make both minor and
major auto repair uses conditional uses within the respective zoning districts in which they are
allowed to address the potential compatibility and site maintenance issues related to auto
repair activities. The table below summarizes where motor fuel stations, truck stops, and auto
repair uses are to be allowed as conditional uses within the respective commercial and
industrial zoning districts:
District
Motor Fuel
Station
Truck
Stop
Auto Repair
Minor
Major
B-1, Neighborhood Business District
NA
NA
NA
NA
B-2, Highway Commercial District
CUP
NA
CUP
NA
B-3, General Commercial District
CUP
NA
CUP
NA
B -W, Business -Warehouse District
CUP
NA
CUP
CUP
1-1, Light Industrial District
CUP
NA
CUP
CUP
1-2, General Industrial District
CUP
CUP
CUP
CUP
1-3, Special Industrial District
CUP
NA
CUP
CUP
2
Performance Standards. The Zoning Ordinance establishes performance standards for motor
fuel stations to ensure site functionality and compatibility with surrounding properties. These
performance standards have been rewritten to address separation of motor fuel stations and
truck stops as follows:
Truck stops must be located on lots abutting an arterial right-of-way and may not abut
residentially zoned properties.
Secondary uses such as convenience food, auto repair, or car wash facilities included
within the motor fuel station site are allowed only as specified for the respective uses
within each zoning district (typically as a conditional use). For motor fuel stations
within industrial districts, food services would be limited to convenience and take out
food with no drive through facilities to discourage retail traffic from entering industrial
areas. Truck stops would be allowed convenience food (including drive through
facilities) and grocery uses within the principal building.
■ Hours are to be limited to 5:OOAM to 12:OOPM unless extended hours are approved as
part of the conditional use permit to allow evaluation of the compatibility of overnight
hours with surrounding uses on a location specific basis.
■ Truck stops must be accessed from an arterial or collector street. The criteria
established by Section 20-4-2.F of the Zoning Ordinance for approval of a conditional
use permit allows the City to consider if the street from which the property has access
has sufficient capacity to accommodate traffic generated by the proposed use.
■ Off-street parking for Class 4 or larger trucks would be limited to not more than 25
percent of the total stalls provided at a motor fuel station as a means of distinguishing
the use from a truck stop and limiting truck traffic volume, noise, and emissions.
■ All motor fuel stations and truck stops must meet the exterior finish requirements for
commercial buildings, even if located in the B -W District or industrial districts.
■ The stormwater management plan for motor fuel stations and truck stops requires
provision of an oil/grit separator to contain contaminants in the event of a fuel spill to
prevent pollution of the ground water supply.
RECOMMENDATION
The proposed amendment of the Zoning Ordinance will provide for site functionality and
address potential compatibility issues related to motor fuel stations, truck stops, and
automobile repair uses consistent with the goals of the Comprehensive Plan and purpose of the
Zoning Ordinance. Our office recommends approval of the proposed amendment as presented.
3
POSSIBLE ACTIONS
A. Motion to recommend City Council approval of an ordinance amending the Zoning
Ordinance regarding motor fuel and related uses.
B. Motion to table.
C. Adam Flaherty, City Administrator
Tami Loff, City Clerk
Andy MacArthur, City Attorney
Ron Wagner, City Engineer
LI
ORDINANCE NO.: 2017-14
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE CITY CODE REGARDING MOTOR FUEL AND
RELATED USES.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. The following definitions within Section 20-2-2 of the Zoning
Ordinance are hereby amended to read as follows:
Motor Fuel Station: A place where gasoline is stored only in underground tanks,
kerosene or mete; oil and-lubriGants er gFease for operation of automobiles-,-a-re
and retailed directly to the public on premises, and including minor accessories
feF aEuteme s, but not including
repairs reb iiidinQtruck stops.
Truck Stop: A motor fuel station devoted principally to the needs of semi -tractor
trailer and straight trucks and whi„h shun innlude eating and/or sleeping fanilities
,(Class 4 or
larger) including short term parking areas for required operator rest periods.
eerv+Ee-GF industry involving the -maintenance, Gleanings servicing, tsr-age or
repair (including major auto repair and tire services). of nnmmornial .,eh?cIes :c
Gond Gted innluJinn +ho dispensing of motor fuel, truck scale, and the sale of
accessories or equipment for trucks and similar commercial vehicles..-} Aa truck
stop may also include overnight accommodations, lounge areas, shower
facilities convenience or full-service restaurants faviiitiee, a car wash and/or
truck wash,_. or other ancillary uses, which also serve the travelling public in
ems.
Section 2. Section 20-76-6.0 of the Zoning Ordinance (B-2 District - Motor Fuel
Station) is hereby amended to read as follows:
C. Motor fuel station:
1. Secondary Uses: Secondary uses occurring within the same
property as the motor fuel station shall be allowed as provided for
within this zcnjna district.
2 Hours: Hours of operation shall be limited to the hours between five
o'clock (5:00) A.M. to twelve o'clock (12:00) A.M unless extended
by the City Council.
3. Architectural Standards:
a All elevations of the principal and accessory structures,
including the canopy columns. _ are to have essentially the
same or a coordinated harmonious finish treatment that shall
comply with Section 20-17-4.D.1.a of this Chapter.
b. Contrasting colors not defined as earth tones may be used
on the exterior of principal and accessory buildings subject
to the following:
(1) Ten (10) percent of the building facade may contain
contrasting colors.
(2) The canopy may have contrasting color bands or
accent lines not to exceed a cumulative width of
twelve (12) inches.
4 Canopy: A protective canopy structure may be located over the
pump island(s), as an accessory structure, subject to the following
performance standards:
a. The edge of the canopy shall be setback a minimum of
twenty (20) feet from front and side lot lines, provided that
adequate visibility is maintained both on site and off site.
structure.
5. Landscaping: A minimum of twenty-five (25) percent of the lot,
parcel, or tract of land used exclusively for the motor fuel facility
shall remain as a landscaped area including turf grass, trees,
shrubbery, plantings, or fencing, subject to the following
performance standards:
a At the boundaries of the lot, the following landscape area
shall be required in compliance with Section 20-19-3 of this
Chapter:
(1). An area not less than fifteen (15) feet wide abutting
public rights-of-way.
(2) An area not less than five (5) feet wide alonq all side
and rear lot lines.
(3) A buffer yard of not less than twenty (20) feet wide
where the use abuts residentially zoned property.
6 Fuel pumps: Fuel pumps shall be installed and located in accordance with
the following performance standards:
a All fuel pumps shall be setback a minimum of thirty (30) feet from
any property line.
b Fuel pumps shall be elevated on islands six (6) inches above the
drive aisle surface.
C. There shall be a minimum setback of twenty-four (24) feet between
the curb face of the pump islands.
7. Access and Circulation:
a Vehicular access points shall create a minimum of conflict with
through traffic movement and shall comply with Section 21 of this
Chapter.
b The site design shall accommodate adequate turning radius and
vertical clearance for a semitrailer truck.
8. Off -Street Parking:
a Off -Street parking stalls shall be provided as required by Section 21
of this Chapter; the number of required parking spaces shall be
calculated solely based upon the use and the square footage of the
principal building.
b The number of parking stalls designed to accommodate Class -4 or
larger vehicles shall not exceed twenty-five (25) percent of the total
number of off-street parking stalls provided within the property.
C. Parking spaces shall be screened from abutting residential zoned
properties in compliance with Section 20-19-3 of this Chapter.
9 Pedestrians: An internal site pedestrian circulation system shall be
defined and appropriate provisions made to protect such areas from
encroachments by parked or moving vehicles, subject to the following
performance standards:
a There shall be pedestrian sidewalk a minimum of five (5) feet wide
and clear of any obstacle or impediment along the front width of the
principal building: the pedestrian sidewalk may be reduced to a
physical barrier that prevents vehicles from overhanging the
pedestrian sidewalk.
10. Outside Sales And Service: Outside sales and service shall be allowed as
an accessory use provided that:
a. Areas for outdoor sales and services shall be clearly indicated on
the site plan and reviewed at the time of application for a
conditional use permit No outdoor sales or services shall be
allowed outside of those areas so designated on the approved site
plan without approval of an amended conditional use permit.
b. Outdoor sales and services shall be located upon a concrete or
asphalt surface and shall not encroach into any required principal
building setback, required parking stall, drive aisle, or pedestrian
sidewalk required by this Section, or otherwise impede vehicle and
pedestrian circulation.
C. Outdoor Sales:
(1) The area devoted to outdoor sales shall not exceed ten (10)
percent of the gross floor area of the principal building or two
hundred (200) square feet whichever is less.
(2) The height of sales displays shall not obstruct any window or
otherwise impair a clear view of the pump islands from the
cashier station within the building and shall comply with
following:
(a) Displays located between fuel pumps under the
canopy shall not exceed three (3) feet in eight
measured from the grade of the adjacent drive aisle to
the top of the display:
(b) All other outdoor displays shall not exceed five (5)
feet in height measured from grade to the top of the
disla .
(3) Propane sales limited to twenty (20) pound capacity tanks
may allowed provided the propane tanks are secured in a
locker and meet all building and fire codes.
view from adiacent properties or public rights-of-way by
materials consjstent with the principal building.
d Outdoor Services: Compressed air service or vacuum machines,
and/or electric charging stations shall not be located in a yard
abutting residentially zoned property.
11 Exterior Lighting: A comprehensive lighting plan shall be submitted
demonstrating compliance with Section 20-16-6 of this Chapter and the
following performance standards:
a Canopy lighting shall only be permitted under the canopy structure
and consist of recessed canisters with no portion of the light source
or fixture extending below the bottom face of the canopy.
b Total canopy illumination below the canopy may not exceed one
hundred fifteen (115) foot-candles at ground level.
C. The canopy fascia shall not be illuminated except for signs allowed
in accordance with this Section.
12. Signs:
a A comprehensive sign plan shall be submitted demonstrating
compliance with Section 37 of this Chapter.
b. Sians may be allowed on a canopy in lieu of any signs mounted on
the principal structure elevation facing the yard in which the canopy
is located, provided that the area of the canopy mounted sian(s)
does not exceed more than twenty(20) percent of area of the
canopy elevation.
13. Noise:
a Noise control shall be required to comply with Section 20-16-10 of
this Chapter.
b. A public address system shall not be audible at any property line.
C. Play of music or advertisement from a public address system is
prohibited.
14. Litter Control:
a Exterior trash receptacles shall be provided at convenient locations
to facilitate litter control.
b The operation shall be responsible for litter control on a daily basis
within the property.
C. Trash and recycling containers other than receptacles intended for
15. Stormwater Management and Drainage: The entire site other than taken
up by a building structure, or plantings shall be surfaced with asphalt.
concrete, cobblestone, orpaving brick subject to the following
performance standards:
a All plans for stormwater management and drainage shall with
Section 20-16-5 of this Chapter. subject to review and approval of
the City Engineer.
b. Drainage from all fueling areas shall be directed to anojl/grit
separator that complies with the following minimum design
standards:
(1) A minimum of four hundred (400) cubic feet of permanent
pool storage capacity per acre of drainage area.
2) A minimum pool depth of four l4) feet.
3) A minimum oil containment capacity of eight hundred (800
alb
(4) Minimum maintenance/inspection of two (2) times per year
and/or after measurable spill events as defined by the
Minnesota Pollution Control Agency.
(5) Any measurable spill event shall be reported to the
Minnesota Pollution Control Agency.
Section 3. Section 20-76-6.H of the Zoning Ordinance (B-2 District — Minor Auto
Repair) is hereby amended to read as follows:
H. Minor automobile repair and Lire steres, provided that:
7 No outside c age saleG, SeFViGe OF rental shall be peFmitted
1. The hours of operation shall be limited to seven o'clock (7:00) A.M.
to ten o'clock 110:00) P.M. unless extended by the City Council.
2. All repair activities shall be conducted within the principal building
with overhead doors to the service area(s) closed at all times,
except when moving vehicles in and out.
3. The emission of odor by a use shall be in compliance with and
regulated by the Minnesota pollution control standards. Minnesota
regulation APC 7011, as amended.
4 All flammable materials, including liquids and rags, shall conform
with the applicable provisions of the Minnesota state fire code.
5 All outside storage is prohibited: storage of damaged vehicles,
vehicles being repaired and vehicle parts and accessory equipment
must be completely inside a principal or accessory building.
Section 4. Section 20-77-6.0 of the Zoning Ordinance (B-3 District — Motor Fuel
Station) is hereby amended to read as follows:
C. Motor fuel station:
1. Secondary Uses: Secondary uses occurring within the same
property as the motor fuel station shall be allowed as provided for
within this zoning district.
2 Hours: Hours of operation shall be limited to the hours between five
o'clock (5:00) A.M. to twelve o'clock (12:00) A.M unless extended
by the City Council.
3. Architectural Standards:
a. All elevations of the principal and accessory structures,
including the canopy columns, are to have essentially the
same or a coordinated harmonious finish treatment that shall
comply with Section 20-17-4.D.1.a of this Chapter.
b Contrasting colors not defined as earth tones may be used
on the exterior of principal and accessory buildings subject
to the following:
(1) Ten (10) percent of the building facade may contain
contrasting colors.
(2) The canopy may have contrasting color bands or
accent lines not to exceed a cumulative width of
twelve (12) inches.
4 Canopy: A protective canopy structure may be located over the
pump island(s), as an accessory structure, subject to the following_
performance standards:
a The edge of the canopy shall be setback a minimum of
twenty (20) feet from front and side lot lines, provided that
adequate visibility is maintained both on site and off site.
b. The canopy shall not exceed eighteen (18) feet in height and
must provide fourteen (14) feet of clearance underneath the
structure.
5 Landscaping: A minimum of twenty-five (25) percent of the lot,
parcel or tract of land used exclusively for the motor fuel facility
shall remain as a landscaped area including turf grass, trees,
shrubbery, plantings or fencing, subject to the following
performance standards:
a At the boundaries of the lot the following landscape area
shall be required in compliance with Section 20-19-3 of this
Chapter:
(1) An area not less than fifteen (15) feet wide abutting
public rights -of --way.
(2) An area not less than five (5) feet wide along all side
and rear lot lines.
(3) A buffer yard of not less than twenty (20) feet wide
where the use abuts residentially zoned property.
6 Fuel pumps Fuel pumps shall be installed and located in accordance with
the following performance standards:
a All fuel pumps shall be setback a minimum of thirty (30) feet from
any property line.
b Fuel pumps shall be elevated on islands six (6) inches above the
drive aisle surface.
C. There shall be a minimum setback of twenty-four (24) feet between
the curb face of the pump islands.
7. Access and Circulation:
a Vehicular access points shall create a minimum of conflict with
through traffic movement and shall comply with Section 21 of this
Chapter.
b The site design shall accommodate adequate turning radius and
vertical clearance for a semitrailer truck.
8 Off -Street Parking:
a Off -Street parking stalls shall be provided as required by Section 21
principal bujlding.
b The number of parking stalls designed to accommodate Class -4 or
larger vehicles shall not exceed twenty-five (25) percent of the total
number of off-street parking stalls provided within the property.
C. Parking spaces shall be screened from abutting residential zoned
properties in compliance with Section 20-19-3 of this Chapter.
9 Pedestrians: An internal site pedestrian circulation system shall be
defined and appropriate provisions made to protect such areas from
encroachments by parked or moving vehicles, subject to the following
performance standards:
a There shall be pedestrian sidewalk a minimum of five (5) feet wide
and clear of any obstacle or impediment along the front width of the
principal building: the pedestrian sidewalk may be reduced to a
minimum of three (3) feet wide and clear of any obstacle or
impediment when segregated from parking or drive aisles by a
physical barrier that prevents vehicles from overhanging the
pedestrian sidewalk.
10. Outside Sales And Service:_ Outside sales and service shall be allowed as
an accessory use, provided that:
a Areas for outdoor sales and services shall be clearly indicated on
the site plan and reviewed at the time of application for a
conditional use permit No outdoor sales or services shall be
allowed outside of those areas so designated on the approved site
plan without approval of an amended conditional use permit.
b Outdoor sales and services shall be located upon a concrete or
asphalt surface and shall not encroach into any required principal
building setback required parking stall drive aisle or pedestrian
sidewalk required by this Section, or otherwise impede vehicle and
pedestrian circulation.
C. Outdoor Sales:
10
(1) The area devoted to outdoor sales shall not exceed ten (10)
percent of the gross floor area of the principal building or two
hundred (200) square feet whichever is less.
(2) The height of sales displays shall not obstruct any window or
otherwise impair a clear view of the pump islands from the
cashier station within the building and shall comply with
following:
(a) Displays located between fuel pumps under the
canopy shall not exceed three (3) feet in eight
measured from the grade of the adjacent drive aisle to
the top of the display:
(b) All other outdoor displays shall not exceed five (5)
feet in height measured from grade to the top of the
display..
(3) Propane sales limited to twenty (20) pound capacity tanks
may allowed provided the propane tanks are secured in a
locker and meet all building and fire codes.
(4) Freezers for ice products may be located at the front of the
building or located in a side or rear yard and screened from
view from adjacent properties or public rights-of-way by
materials consistent with the principal building.
d Outdoor Services: Compressed air service or vacuum machines.
and/or electric charging_ stations shall not be located in a yard
abutting residentially zoned property.
11 Exterior Lighting: A comprehensive lighting plan shall be submitted
demonstrating compliance with Section 20-16-6 of this Chapter and the
following performance standards:
a Canopy lighting shall only be permitted under the canopy structure,
and consjst of recessed canisters with no portion of the light source
or fixture extending below the bottom face of the canopy.
b Total canopy illumination below the canopy may not exceed one
hundred fifteen (115) foot-candles at ground level.
11
C. The canopy fascia shall not be illuminated except for signs allowed
in accordance with this Section.
12. Signs:
a A comprehensive sign plan shall be submitted demonstrating
compliance with Section 37 of this Chapter.
b Signs may be allowed on a canopy in lieu of any signs mounted on
the principal structure elevation facing the yard in which the canopy
is located provided that the area of the canopy mounted sian(s)
does not exceed more than twenty (20) percent of area of the
canopy elevation.
13. Noise:
a Noise control shall be required to comply with Section 20-16-10 of
this Chapter.
b A public address system shall not be audible at any property line.
C. Play of music or advertisement from a public address system is
prohibited.
14. Litter Control:
a Exterior trash receptacles shall be provided at convenient locations
to facilitate litter control.
b The operation shall be responsible for litter control on a daily basis
within the property.
C. Trash and recycling containers other than receptacles intended for
patron use shall be screened within an enclosure as required by
Section 20-18-4 of this Chapter.
15 Stormwater Management and Drainage: The entire site other than taken
up by a building structure or plantings shall be surfaced with asphalt,
concrete, cobblestone or paving brick subject to the following
performance standards:
12
a All plans for stormwater management and drainage shall with
Section 20-16-5 of this Chapter, subject to review and approval of
the City Engineer.
b Drainage from all fueling areas shall be directed to anoil/arit
separator that complies with the following minimum design
standards:
(1) A minimum of four hundred (400) cubic feet of permanent
pool storage capacity per acre of drainage area.
(2) A minimum pool depth of four (4) feet.
(3) A minimum oil containment capacity of eight hundred (800)
alb
(4) Minimum maintenance/inspection of two (2) times per year
and/or after measurable spill events as defined by the
Minnesota Pollution Control Agency.
(5) Any measurable spill event shall be reported to the
Minnesota Pollution Control Agency.
Section 5. Section 20-76-6.1-1 of the Zoning Ordinance (B-3 District — Minor Auto
Repair) is hereby amended to read as follows:
H. Minor automobile repair and tiro steres, provided that:
1 Previsions are ade tG GGRtF()! and reduGe nesse in annnrdanno
with Condon 16 of this Ghaptor
2. No outside-sterap�SalesSerVine, or rental shall be Permitter.
1 The hours of operation shall be limited to seven o'clock (7:00) A.M.
to ten o'clock (10:00) P.M. unless extended by the City Council.
2 All repair activities shall be conducted within the principal building
with overhead doors to the service area(s) closed_ at all times.
except when moving vehicles in and out.
13
3 The emission of odor by a use shall be in compliance with and
regulated by the Minnesota pollution control standards, Minnesota
regulation APC 7011 as amended.
4 All flammable materials, including liquids and rags, shall conform
with the applicable provisions of the Minnesota state fire code.
5 All outside storage is prohibited: storage of damaged vehicles,
vehicles being repaired and vehicle parts and accessory equipment
must be completely inside a principal or accessory building.
Section 6. Section 20-78-2.A of the Zoning Ordinance (B -W District — Auto
Repair) is hereby repealed and subsequent sections renumbered accordingly:
Section 7. Section 20-78-6.K of the Zoning Ordinance (B -W District —
Conditional Uses) is hereby repealed and the following provisions adopted:
- - - -
�Wll 11Y.0
Minor automobile repair provided that:
1. The hours of operation shall be limited to seven o'clock (7:00) A.M.
to ten o'clock (10:00) P.M. unless extended by the City Council.
2 All repair activities shall be conducted within the principal building
with overhead doors to the service area(s) closed at all times,
except when moving vehicles in and out.
3 The emission of odor by a use shall be in compliance with and
regulated by the Minnesota pollution control standards, Minnesota
regulation APC 7011 as amended.
4 All flammable materials, including liquids and rags, shall conform
with the applicable provisions of the Minnesota state fire code.
5 All outside storage is prohibited: storage of damaged vehicles,
vehicles being repaired and vehicle parts and accessory equipment
must be completely inside a principal or accessory building.
14
Section 8. Section 20-78-6 of the Zoning Ordinance (B -W District — Conditional
Uses) is hereby amended to add the following provisions:
H. Motor fuel station:
1 Secondary Uses: Secondary uses occurring within the same
property as the motor fuel station shall be allowed as provided for
within this zoning district.
2 Hours: Hours of operation shall be limited to the hours between five
o'clock (5:00) A.M. to twelve o'clock (12:00) AN unless extended
by the City Council.
3. Architectural Standards:
a All elevations of the principal and accessory structures,
including the canopy columns, are to have essentially the
same or a coordinated harmonious finish treatment that shall
comply with Section 20-17-4.D.1.a of this Chapter.
b Contrasting colors not defined as earth tones may be used
on the exterior of principal and accessory buildings subject
to the following:
(1) Ten (10) percent of the building facade may contain
contrasting colors.
(2) The canopy may have contrasting color bands or
accent lines not to exceed a cumulative width of
twelve (12) inches.
4 Canopy: A protective canopy structure may be located over the
pump islands) as an accessory structure, subject to the following
performance standards:
a The edge of the canopy shall be setback a minimum of
twenty (20) feet from front and side lot lines, provided that
adequate visibility is maintained both on site and off site.
15
b The canopy shall not exceed eighteen (18) feet in height and
must provide fourteen (14) feet of clearance underneath the
structure.
5 Landscaping: A minimum of twenty-five (25) percent of the lot,
parcel or tract of land used exclusively for the motor fuel facility
shalt remain as a landscaped area including turf grass, trees.
shrubbery, plantings or fencing subject to the following
performance standards:
a At the boundaries of the lot the following landscape area
shall be required in compliance with Section 20-19-3 of this
Chi
(1) An area not less than fifteen (15) feet wide abutting
public rights-of-way.
(2) An area not less than five (5) feet wide along all side
and rear lot lines.
(3) A buffer yard of not less than twenty (20) feet wide
where the use abuts residentially zoned property.
6 Fuel pumps: Fuel pumps shall be installed and located in accordance with
the following performance standards:
a All fuel pumps shall be setback a minimum of thirty (30) feet from
any propertyline.
b Fuel pumps shall be elevated on islands six (6) inches above the
drive aisle surface.
C. There shall be a minimum setback of twenty-four (24) feet between
the curb face of the pump islands.
7. Access and Circulation:
a Vehicular access points shall create a minimum of conflict with
through traffic movement and shall comply with Section 21 of this
Chapter.
b The site design shall accommodate adequate turning radius and
vertical clearance for a semitrailer truck.
16
8. Off -Street Parking:
a Off -Street parking stalls shall be provided as required by Section 21
of this Chanter the number of required parking spaces shall be
calculated solely based upon the use and the square footage of the
principal building.
b The number of parking stalls designed to accommodate Class -4 or
larger vehicles shall not exceed twenty-five (25) percent of the total
number of off-street parking stalls provided within the property.
C. Parking spaces shall be screened from abutting residential zoned
properties in compliance with Section 20-19-3 of this Chapter.
9 Pedestrians: An internal site pedestrian circulation system shall be
defined and appropriate provisions made to protect such areas from
encroachments by parked or moving vehicles, subject to the following
performance standards:
a There shall be pedestrian sidewalk a minimum of five (5) feet wide
and clear of any obstacle or impediment along the front width of the
principal building: the pedestrian sidewalk may be reduced to a
minimum of three (3) feet wide and clear of any obstacle or
impediment when segregated from parking or drive aisles by a
physical barrier that prevents vehicles from overhanging the
pedestrian sidewalk.
10. Outside Sales And Service: Outside sales and service shall be allowed as
an accessory use, provided that:
a Areas for outdoor sales and services shall be clearly indicated on
the site plan and reviewed at the time of application for a
conditional use permit No outdoor sales or services shall be
allowed outside of those areas so designated on the approved site
plan without approval of an amended conditional use permit.
b Outdoor sales and services shall be located upon a concrete or
asphalt surface and shall not encroach into any required principal
building setback required parking stall, drive aisle, or pedestrian
sidewalk required by this Section, or otherwise impede vehicle and
pedestrian circulation.
17
C. Outdoor Sales:
(1) The area devoted to outdoor sales shall not exceed ten (101
percent of the gross floor area of the principal building or two
hundred (200) square feet whichever is less.
(2) The height of sales displays shall not obstruct any window or
otherwise impair a clear view of the pump islands from the
cashier station within the building and shall comply with
following:
(a) Displays located between fuel pumps under the
canopy shall not exceed three (3) feet in eight
measured from the grade of the adjacent drive aisle to
the top of the display:
(b) All other outdoor displays shall not exceed five (5)
feet in height measured from grade to the top of the
display.
(3) Propane sales limited to twenty (20) pound capacity tanks
may allowed provided the propane tanks are secured in a
locker and meet all building and fire codes.
(4) Freezers for ice products may be Located at the front of the
building or located in a side or rear yard and screened from
view from adjacent properties or public rights-of-way by
materials consistent with the principal bujlding.
d Outdoor Services• Compressed air service or vacuum machines,
and/or electric charging stations shall not be Located in a yard
abutting residentially zoned property.
11 Exterior Lighting: A comprehensive lighting plan shall be submitted
demonstrating compliance with Section 20-16-6 of this Chapter and the
following performance standards:
a Canopy lighting shall only be permitted under the canopy structure,
and consist of recessed canisters with no portion of the light source
or fixture extending below the bottom face of the canopy.
b Total canopy illumination below the canopy may not exceed one
hundred fifteen (115) foot-candles at ground level.
IN
C. The canopy fascia shall not be illuminated except for signs allowed
in accordance with this Section.
12. Signs:
a A comprehensive sign plan shall be submitted demonstrating
compliance with -Section 37 of this Chapter.
b. Sians may be allowed on a canopy in lieu of any signs mounted on
the principal structure elevation facing the yard in which the canopy
is located provided that the area of the canopy mounted sign(s)
does not exceed more than twenty (20) percent of area of the
canopy elevation.
13. Noise:
a Noise control shall be required to comply with Section 20-16-10 of
this Chapter.
b A public address system shall not be audible at any property line.
C. Play of music or advertisement from a public address system is
prohibited.
14. Litter Control:
a Exterior trash receptacles shall be provided at convenient locations
to facilitate litter control.
b The operation shall be responsible for litter control on a daily basis
within the p -
C. Trash and recycling containers other than receptacles intended for
patron use shall be screened within an enclosure as required by
Section 20-18-4 of this Chapter.
15 Stormwater Management and Drainage: The entire site other than taken
up by a building structure or plantings shall be surfaced with asphalt
concrete, cobblestone, or paving brick subject to the following
performance standards:
19
a All plans for stormwater management and drainage shall with
Section 20-16-5 of this Chapter, subject to review and approval of
the City Engineer.
b Drainage from all fueling areas shall be directed to an oil/grit
separator that complies with the following minimum design
standards:
1) A minimum of four hundred (400) cubic feet of permanent
pool storage capacity per acre of drainage area.
(2) A minimum pool depth of four (4) feet.
(3) A minimum oil containment capacity of eight hundred (800)
alb
(4) Minimum maintenance/inspection of two (2) times per year
and/or after measurable spill events as defined by the
Minnesota Pollution Control Agency.
(5) Any measurable spill event shall be reported to the
Minnesota Pollution ControlAaencv.
Section 9. Section 20-85-6 of the Zoning Ordinance (1-1 District — Conditional
Uses) is hereby amended to add the following provisions:
J Automobile repair — major and minor, provided that:
1 The use shall be setback a minimum of fifty (50) feet from any
abutting residentially zoned properties.
2 Hours of operation shall be limited to seven o'clock (7:001 A.M. to
ten o'clock (10:00) P.M. unless extended by the City Council.
3 All repair activities shall be conducted within the principal building
with overhead doors to the service areas) closed at all times,
except when moving vehicles in and out.
4 The emission of odor by a use shall be in compliance with and
regulated by the Minnesota pollution control standards. Minnesota
regulation APC 7011 as amended.
20
5 All flammable materials including liquids and rags, shall conform
with the applicable provisions of the Minnesota state fire code.
6. All painting must be conducted in an approved paint booth. All paint
booths and all other activities of the operation shall thoroughly
control the emission of fumes, dust or other particulate matter so
that the use shall be in compliance with Minnesota pollution control
standards, Minnesota regulation APC 1-15 as amended.
7 All outside storage is prohibited; storage of damaged vehicles,
vehicles being repaired and vehicle parts and accessory equipment
must be completely inside a principal or accessory building.
Section 10. Section 20-86-2.E of the Zoning Ordinance (1-2 District — Permitted
Uses) is hereby amended to repeal the following provisions with subsequent sections
renumbered accordingly:
Section 11. Section 20-86-6.A of the Zoning Ordinance (1-2 District — Reserved)
is hereby amended to read as follows:
A. Motor fuel station:
1 Secondary Uses: Secondary uses occurring within the same
property as the motor fuel station shall be allowed as provided for
within this zoning district.
2 Hours: Hours of operation shall be limited to the hours between five
o'clock (500) A.M. to twelve o'clock (12:00) A.M unless extended
by the City Council.
3. Architectural Standards:
a All elevations of the principal and accessory structures,
including the canopy columns, are to have essentially the
same or a coordinated harmonious finish treatment that shall
comply with Section 20-17-4.D.1.a of this Chapter.
21
b Contrasting colors not defined as earth tones may be used
on the exterior of principal and accessory buildings subject
to the following:
(1) Ten (10) percent of the building facade may contain
contrasting colors.
(2) The canopy may have contrasting color bands or
accent lines not to exceed a cumulative width of
twelve (12) inches.
4 Canopy: A protective canopy structure may be located over the
pump island(s) as an accessory structure, subject to the following
performance standards:
a The edge of the canopy shall be setback a minimum of
twenty (20) feet from front and side lot lines, provided that
adequate visibility is maintained both on site and off site.
b The canopy shall not exceed eighteen (18) feet in height and
must provide fourteen (14) feet of clearance underneath the
structure.
5 Landscaping: A minimum of twenty-five (25) percent of the lot,
agree[ or tract of land used exclusively for the motor fuel facility
shall remain as a landscaped area including turf grass, trees.
shrubbery, plantings or fencing subject to the following
performance standards:
a At the boundaries of the lot, the following landscape area
shall be required in compliance with Section 20-19-3 of this
Chapter:
(1). An area not less than fifteen (15) feet wide abutting
public rights-of-way.
(2) An area not less than five (5) feet wide along all side
and rear lot lines.
(3) A buffer yard of not less than twenty (20) feet wide
where the use abuts residentially zoned property.
22
6 Fuel pumps Fuel pumps shall be installed and located in accordance with
the followjna performance standards:
a All fuel pumps shall be setback a minimum of thirty (30) feet from
any property line.
b Fuel pumps shall be elevated on islands six (6) inches above the
drive aisle surface.
C. There shall be a minimum setback of twenty-four (24) feet between
the curb face of the pump islands.
7. Access and Circulation:
a Vehicular access points shall create a minimum of conflict with
through traffic movement and shall comply with Section 21 of this
Chapter.
b The site design shall accommodate adequate turning radius and
vertical clearance for a semitrailer truck.
8 Off -Street Parking:
a Off -Street parking stalls shall be provided as required by Section 21
of this Chapter: the number of required parking spaces shall be
calculated solely based upon the use and the square footage of the
principal building.
b The number of parking stalls designed to accommodate Class -4 or
larger vehicles shall not exceed twenty-five (25) percent of the total
number of off-street parking stalls provided within the property.
C. Parking spaces shall be screened from abutting residential zoned
properties in compliance with Section 20-19-3 of this Chapter.
9 Pedestrians An internal site pedestrian circulation system shall be
defined and appropriate provisions made to protect such areas from
encroachments by parked or moving vehicles, subject to the following
performance standards:
a There shall be pedestrian sidewalk a minimum of five (5)-ftet wide
and clear of any obstacle or impediment along the front width of the
principal building: the pedestrian sidewalk may be reduced to a
23
minimum of three (3) feet wide and clear of any—obstacle or
impediment when segregated from parking or drive aisles by a
physical barrier that prevents vehicles from overhanging the
pedestrian sidewalk.
10. Outside Sales And Service: Outside sales and service shall be allowed as
an accessory use provided that:
a Areas for outdoor sales and services shall be clearly indicated on
the site plan and reviewed at the time of application for a
conditional use permit No outdoor sales or services shall be
allowed outside of those areas so designated on the approved site
plan without approval of an amended conditional use permit.
b Outdoor sales and services shall be located upon a concrete or
asphalt surface and shall not encroach into any required principal
building setback required parking stall, drive aisle, or pedestrian
sidewalk required by this Section, or otherwise impede vehicle and
pedestrian circulation.
C. Outdoor Sales:
(1) The area devoted to outdoor sales shall not exceed ten (10)
percent of the gross floor area of the principal building or two
hundred (200) square feet whichever is less.
(2) The height of sales displays shall not obstruct any window or
following:
(a) Displays located between fuel pumps under the
canopy shall not exceed three (3) feet in eight
measured from the grade of the adjacent drive aisle to
the top of the display:
(b) All other outdoor displays shall not exceed five (5)
feet in height measured from grade to the top of the
dis la .
(3) Propane sales limited to twenty (20) pound capacity tanks
may allowed provided the propane tanks are secured in a
locker and meet all building and fire codes.
24
(4) Freezers for ice products may be located at the front of the
building or located in a side or rear yard and screened from
view from adjacent properties or public rights-of-way by
materials consistent with the principal building.
d Outdoor Services: Compressed air service or vacuum machines,
and/or charging stations shall not be located in a yard abutting
residentially zoned property.
11 Exterior Lighting: A comprehensive lighting plan shall be submitted
demonstrating compliance with Section 20-16-6 of this Chapter and the
following performance standards:
a Canopy Fighting shall only be permitted under the canopy structure,
and consist of recessed canisters with no portion of the light source
or fixture extending below the bottom face of the canopy.
b Total canopy illumination below the canopy may not exceed one
hundred fifteen (115) foot-candles at ground level.
C. The canopy fascia shall not be illuminated except for signs allowed
in accordance with this Section.
12. Signs:
a A comprehensive sign plan shall be submitted demonstrating
compliance with Section 37 of this Chapter.
b Signs may be allowed on a canopy in lieu of any signs mounted on
the principal structure elevation facing the yard in which the canopy
is located provided that the area of the canopy mounted sian(s)
does not exceed more than twenty (20) percent of area of the
canopy elevation.
13. Noise:
a Noise control shall be required to comply with Section 20-16-10 of
this Chapter.
b A public address system shall not be audible at any property line.
25
C. Play of music or advertisement from a public address system is
prohibited.
14. Litter Control:
a Exterior trash receptacles shall be provided at convenient locations
to facilitate litter control.
b The operation shall be responsible for litter control on a daily basis
within the property.
C. Trash and recycling containers other than receptacles intended for
patron use shall be screened within an enclosure as required by
Section 20-18-4 of this Chapter.
15 Stormwater Management and Drainage: The entire site other than taken
up by a building structure or plantings shall be surfaced with asphalt,
concrete cobblestone, or paving brick subject to the following
performance standards:
a All plans for stormwater management and drainage shall with
Section 20-16-5 of this Chapter, subject to review and approval of
the City Engineer.
b Drainage from all fueling areas shall be directed to an oil/arjt
separator that complies with the following minimum design
standards:
(1) A minimum of four hundred (400) cubic feet of permanent_
pool storage capacity per acre of drainage area.
(2) A minimum pool depth of four (4) feet.
(3) A minimum oil containment capacity of eight hundred (800)
alb
(4) Minimum maintenance/inspection of two (2) times per year
and/or after measurable spill events as defined by the
Minnesota Pollution Control Agency.
(5) Any measurable spill event shall be reported to the
Minnesota Pollution Control Agency.
26
Section 12.
Section 20-86-6.13 of the Zoning Ordinance (1-2 District — Reserved)
is hereby amended
to read as follows:
B. Automobile repair — major and minor, provided that:
1
The use shall be setback a minimum of fifty (50) feet from any
abutting residentially zoned properties.
2
Hours of operation shall be limited to seven o'clock (7:00) A.M. to
ten o'clock (1000) P.M. unless extended by the City Council.
3
All repair activities shall be conducted within the principal building
with overhead doors to the service area(s) closed at all times,
except when moving vehicles in and out.
4
The emission of odor by a use shall be in compliance with and
regulated by the Minnesota pollution control standards. Minnesota
regulation APC 7011 as amended.
5
All flammable materials including liquids and rags, shall conform
with the applicable provisions of the Minnesota state fire code.
6
All painting must be conducted in an approved paint booth. All paint
booths and all other activities of the operation shall thoroughly
control the emission of fumes, dust or other particulate matter so
that the use shall be in compliance with Minnesota pollution control
standards Minnesota regulation APC 1-15 as amended.
7
All outside storage is prohibited; storage of damaged vehicles,
vehicles being repaired and vehicle parts and accessory equipment
must be completely inside a principal or accessory building.
Section 13. Section 20-86-6.D of the Zoning Ordinance (1-2 District — Reserved)
is hereby amended to read as follows:
D Truck stop:
1. Location:
a The property shall abut an arterial right-of-way.
27
b The property shall not abut any properties guided by the
Comprehensive Plan or zoned for residential uses.
2 Secondary Uses: Secondary uses occurring within the same
property as the motor fuel station shall be allowed as provided for
within this zoning district, and including:
a Convenience food which may include drive through
facilities, and restaurant uses as a secondary use within the
principal building.
b Convenience grocery_ and retail sales within the principal
buildin .
3 Hours: Hours of operation shall be limited to the hours between five
o'clock (5.00) A M to twelve o'clock (1200) A.M unless extended
by the City Council
4. Architectural Standards:
a All elevations of the principal and accessory structures,
including the canopy columns. are to have essentially the
same or a coordinated harmonious finish treatment that shall
comply with Section 20-17-4.D. 1.a of this Chapter.
b Contrasting colors not defined as earth tones may be used
on the exterior of principal and accessory buildings subiect
to the following:
(1) Ten (10) percent of the building facade may contain
contrasting colors.
(2) The canopy may have contrasting color bands or
accent Fines not to exceed a cumulative width of
twelve (12) inches.
5 Canopy: A protective canopy structure may be located over the
pump island(s), as an accessory structure, subiect to the following
performance standards:
a The edge of the canopy shall be setback a minimum of
twenty (20) feet from front and side lot lines, provided that
adequate visibility is maintained both on site and off site.
28
b. The canopy shall not exceed eighteen (18) feet in height and
must provide fourteen (14) feet of clearance underneath the
structure.
6 Landscaping` A minimum of twenty-five (25) percent of the lot,
parcel or tract of land used exclusively for the motor fuel facility
shall remain as a landscaped area including turf grass, trees,
shrubbery, plantings, or fencing, subject to the following
performance standards:
a At the boundaries of the lot the following landscape area
shall be required in compliance with Section 20-19-3 of this
Chapter:
(1). An area not less than fifteen (15) feet wide abutting
public rights-of-way.
(2) An area not less than five (5) feet wide along all side
and rear lot lines.
7 Fuel pumps: Fuel pumps shall be installed and located in
accordance with the following performance standards:
a All fuel pumps shall be setback a minimum of thirty (30) feet
from any property line.
b. Fuel pumps shall be elevated on islands six (6) inches above
the drive aisle surface.
C. There shall be a a minimum setback of twenty-four (24) feet
between the curb face of the pump islands.
8. Access and Circulation:
a Vehicular access points shall create a minimum of conflict
with through traffic movement and shall comply
with Section 21 of this Chapter.
b Access to the property shall be from an arterial or collector
street.
29
C. The site design shall accommodate adequate turning radius
and vertical clearance for a semitrailer truck.
d Vehicle access, circulation, fuel islands, and off-street
parking areas for passenger vehicles and semitrailer truck
traffic shall be separated.
9 Off -Street Parking:
a Off -Street parking stalls shall be provided as required by
Section 21 of this Chapter; the number of required parking
spaces shall be calculated solely based upon the use and
the square footage of the principal building.
b Parking spaces shall be screened from abutting residential
zoned properties in compliance with Section 20-19-3 of this
Chapter.
10 Pedestrians: An internal site pedestrian circulation system shall be
defined and appropriate provisions made to protect such areas
from encroachments by parked or moving vehicles, subject to the
following performance standards:
a. There shall be pedestrian sidewalk a minimum of five (5) feet
wide and clear of any obstacle or impediment along the front
width of the principal building: the pedestrian sidewalk may
be reduced to a minimum of three (3) feet wide and clear of
any obstacle or impediment when segregated from parking
or drive aisles by a physical barrier that prevents vehicles
from overhanging the pedestrian sidewalk.
11. Outside Sales And Service: Outside sales and service shall be
allowed as an accessory use provided that:
a. Areas for outdoor sales and services shall be clearl
indicated on the site plan and reviewed at the time of
application for a conditional use permit. No outdoor sales or
services shall be allowed outside of those areas so
designated on the approved site plan without approval of an
amended conditional use permit.
b Outdoor sales and services shall be located upon a concrete
or asphalt surface and shall not encroach into any required
IM
principal building setback required parking stall drive aisle,
or pedestrian sidewalk required by this Section or otherwise
impede vehicle and pedestrian circulation.
C. Outdoor Sales:
(1) The area devoted to outdoor sales shall not exceed
ten (10) percent of the gross floor area of the principal
building or two hundred (200) square feet whichever
is less.
(2) The height of sales displays shall not obstruct any
window or otherwise impair a clear view of the puma
islands from the cashier station within the building and
shall comply with following:
(a) Displays located between fuel pumps under
the canopy shall not exceed three (3) feet in
eight measured from the grade of the adjacent
drive aisle to the top of the display:
(b) All other outdoor displays shall not exceed five
(5) feet in height measured from grade to the
top of the display.
(3) Propane sales limited to twenty (20) pound capacity
tanks may allowed provided the propane tanks are
secured in a locker and meet all building and fire
codes.
(4) Freezers for ice products may be located at the front
of the building or located in a side or rear yard and
screened from view from adjacent properties or public
rights-of-way by materials consistent with the principal
building.
d Outdoor Services: Compressed air service or vacuum
machines, and/or electric charging stations shall not be
located in a front yard.
12 Exterior Lighting: A comprehensive lighting plan shall be submitted
demonstrating compliance with Section 20-16-6 of this Chapter and
the following performance standards:
31
a Canopy lighting shall only be permitted under the canopy
structure, and consist of recessed canisters with no portion
of the light source or fixture extendina below the bottom face
of the canopy.
b Total canopy illumination below the canopy may not exceed
one hundred fifteen (115) foot-candles at around level.
C. The canopy fascia shall not be illuminated except for signs
allowed in accordance with this Section.
13. Signs:
a A comprehensive sign plan shall be submitted demonstrating
compliance with Section 37 of this Chapter.
b Signs may be allowed on a canopy in lieu of any signs
mounted on the principal structure elevation facing the yard
(20) percent of area of the canopy elevation.
14. Noise:
a Noise control shall be required_ to comply with Section 20-16-
10 of this Chapter.
C. Play of music or advertisement from a public address system
is prohibited.
15. Litter Control:
a Exterior trash receptacles shall be provided at convenient
locations to facilitate litter control.
b The operation shall be responsible for litter control on a daily
basis within the property.
32
C. Trash and recycling containers other than receptacles
intended for patron use shall be screened within an
enclosure as required by Section 20-18-4 of this Chapter.
16 Stormwater Management and Drainage: The entire site other than
taken up by a building structure, or plantings shall be surfaced with
asphalt concrete cobblestone, or paving brick subject to the
following performance standards:
a All plans for stormwater management and drainage shall
with Section 20-16-5 of this Chapter, subject to review and
approval of the City Engineer.
b Drainage from all fueling areas shall be directed to an oil/grit
separator that complies with the following minimum design
standards:
1) A minimum of four hundred (400) cubic feet of
Permanent pool storage capacity per acre of
drainage area.
(2) A minimum pool depth of four (4) feet.
(3) A minimum oil containment capacity of eight hundred
(800)gallons.
(4) Minimum maintenance/inspection of two (2) times per
year and/or after measurable spill events as defined
by the Minnesota Pollution Control Agency.
(5) Any measurable spill event shall be reported to the
Minnesota Pollution Control Agency.
Section 14. Section 20-87-2.E of the Zoning Ordinance (1-3 District — Permitted
Uses) is hereby amended to repeal the following provisions with subsequent sections
renumbered accordingly:
Section 15. Section 20-87-6.A of the Zoning Ordinance (1-3 District — Reserved)
33
is hereby amended to read as follows:
A. Motor fuel station:
1 Secondary Uses: Secondary uses occurring within the same
property as the motor fuel station shall be allowed as provided for
within this zoning district.
2 Hours: Hours of operation shall be limited to the hours between five
o'clock (5:00) A.M. to twelve o'clock (12:00) A.M unless extended
by the City Council.
3. Architectural Standards:
a All elevations of the principal and accessory structures,
including the canopy columns, are to have essentially the
same or a coordinated harmonious finish treatment that shall
comply with Section 20-17-4.D.1.a of this Chapter.
b Contrasting colors not defined as earth tones may be used
on the exterior of principal and accessory buildings subiect
to the following:
(1) Ten (10) percent of the building facade may contain
contrasting colors.
twelve (12) inches.
4 Canopy' A protective canopy structure may be located over the
pump islands) as an accessory structure, subject to the following
performance standards:
adequate visibility is maintained both on site and off site.
b The canopy shall not exceed eighteen (18) feet in height and
must provide fourteen (14) feet of clearance underneath the
structure.
34
5 Landscaping: A minimum of twenty-five (25) percent of the lot,
parcel or tract of land used exclusively for the motor fuel facility.
shall remain as a landscaped area including turf grass, trees,
shrubbery, plantings, or fencing, subject to the following
performance standards:
a At the boundaries of the lot, the following landscape area
shall be required in compliance with Section 20-19-3 of this
Chapter:
(1). An area not less than fifteen (15) feet wide abutting
public rights-of-way.
(2) An area not less than five (5) feet wide along all side
and rear lot lines.
(3) A buffer yard of not less than twenty (20) feet wide
where the use abuts residentially zoned property.
6 Fuel pumps: Fuel pumps shall be installed and located in accordance with
the following performance standards:
a All fuel pumps shall be setback a minimum of thirty (30) feet from
any property line.
b Fuel pumps shall be elevated on islands six (6) inches above the
drive aisle surface.
C. There shall be a minimum setback of twenty-four (24) feet between
the curb face of the pump islands.
7. Access and Circulation:
a Vehicular access points shall create a minimum of conflict with
through traffic movement and shall comply with Section 21 of this
Chapter.
b The site design shall accommodate adequate turning radius and
vertical clearance fora semitrailer truck.
8. Off -Street Parking:
35
a Off -Street parking stalls shall be provided as required by Section 21
of this Chapter: the number of required parking spaces shall be
calculated solely based upon the use and the square footage of the
principal building.
b The number of parking stalls designed to accommodate Class -4 or
C. Parking spaces shall be screened from abutting residential zoned
properties in compliance with Section 20-19-3 of this Chapter.
9 Pedestrians: An internal site pedestrian circulation system shall be
defined and appropriate provisions made to protect such areas from
encroachments by parked or moving vehicles subject to the following
performance standards:
a. There shall be pedestrian sidewalk a minimum of five (5) feet wide
and clear of any obstacle or impediment along the front width of the
principal building: the pedestrian sidewalk may be reduced to a
minimum of three (3) feet wide and clear of any obstacle or
impediment when segregated from parking or drive aisles by a
physical barrier that prevents vehicles from overhanging the
pedestrian sidewalk.
10. Outside Sales And Service: Outside sales and service shall be allowed as
an accessory use, provided that:
a. Areas for outdoor sales and services shall be clearly indicated on
the site plan and reviewed at the time of application for a
conditional use permit No outdoor sales or services shall be
allowed outside of those areas so designated on the approved site
plan without approval of an amended conditional use permit.
b. Outdoor sales and services shall be located upon a concrete or
asphalt surface and shall not encroach into any required principal
building setback required parking stall, drive aisle, or pedestrian
sidewalk required by this Section, or otherwise impede vehicle and
pedestrian circulation.
C. Outdoor Sales:
RE"
(1) The area devoted to outdoor sales shall not exceed ten (10).
percent of the gross floor area of the principal building or two
hundred (200) square feet whichever is less.
(2) The height of sales displays shall not obstruct any window or
otherwise impair a clear view of the pump islands from the
cashier station within the building and shall comply with
following:
(a) Displays located between fuel pumps under the
canopy shall not exceed three (3) feet in eight
measured from the grade of the adjacent drive aisle to
the top of the display:
(b) All other outdoor displays shall not exceed five (5)
feet in height measured from grade to the top of the
display.
(3) Propane sales limited to twenty (20) pound capacity tanks
may allowed provided the propane tanks are secured in a
locker and meet all building and fire codes.
(4) Freezers for ice products may be located at the front of the
building, or located in a side or rear yard and screened from
view from adjacent properties or public rights-of-way by
materials consistent with the principal building.
d Outdoor Services: Compressed air service or vacuum machines.
and/or electric charging stations shall not be located in a yard
abutting residentially zoned property.
following performance standards:
a Canopy lighting shall only be permitted under the canopy structure,
and consist of recessed canisters with no portion of the light source
or fixture extending below the bottom face of the canopy.
b Total canopy illumination below the canopy may not exceed one
hundred fifteen (115) foot-candles at around level.
37
C. The canopy fascia shall not be illuminated except for signs allowed
in accordance with this Section.
12. Signs:
a A comprehensive siqn plan shall be submitted demonstrating
compliance with Section 37 of this Chapter.
b Signs may be allowed on a canopy in lieu of any signs mounted on
the principal structure elevation facing the yard in which the canopy
is locatederovided that the area of the canopy mounted signs)
does not exceed more than twenty (20) percent of area of the
canopy elevation.
13. Noise:
a Noise control shall be required_ to comply with Section 20-16-10 of
this Chapter.
b A public address system shall not be audible at any property line.
C. Play of music or advertisement from a public address system is
prohibited.
14. Litter Control:
b The operation shall be responsible for litter control on a daily basis
within the property.
C. Trash and recycling containers other than receptacles intended for
15 Stormwater Management and Drainage: The entire site other than taken
performance standards:
38
a All plans for stormwater management and drainage shall with
Section 20-16-5 of this Chapter, subject to review and approval of
the City Engineer.
b Drainage from all fueling areas shall be directed to an oil/grit
separator that complies with the following minimum design
standards:
11 A minimum of four hundred (400) cubic feet of permanent
pool storage capacity per acre of drainage area.
(2) A minimum pool depth of four (4) feet.
(3) A minimum oil containment capacity of eight hundred (800)
alb
(4) Minimum maintenance/inspection of two (2) times per year
and/or after measurable spill events as defined by the
Minnesota Pollution Control Agency.
(5) Any measurable spill event shall be reported to the
Minnesota Pollution Control Agency.
Section 16. Section 20-87-6.13 of the Zoning Ordinance (1-3 District — Reserved)
is hereby amended to read as follows:
B Automobile repair.— major and minor, provided that:
1 The use shall be setback a minimum of fifty (50) feet from any
abutting residentially zoned properties.
2 Hours of operation shall be limited to seven o'clock (7:00) A.M. to
ten o'clock (10:00) P.M. unless extended by the City Council.
3 All repair activities shall be conducted within the principal building
with overhead doors to the service area(s) closed at all times,
except when moving vehicles in and out.
4 The emission of odor by a use shall be in compliance with and
regulated by the Minnesota pollution control standards Minnesota
regulation APC 7011 as amended.
39
5 All flammable materials including liquids and rags, shall conform
with the applicable provisions of the Minnesota state fire code.
6. All painting must be conducted in an approved paint booth. All paint
booths and all other activities of the operation shall thoroughly
control the emission of fumes, dust or other particulate matter so
that the use shall be in compliance with Minnesota pollution control
standards, Minnesota regulation APC 1-15 as amended.
7 All outside storage is prohibited: storage of damaged vehicles,
vehicles being repaired and vehicle parts and accessory equipment
must be completely inside a principal or accessory building.
Section 17. This Ordinance shall become effective immediately upon its
passage and publication.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this day of
, 2017.
ATTEST:
Tami Loff, City Clerk
,O
CITY OF OTSEGO
BY:
Jessica L. Stockamp, Mayor
SUMMARY OF ORDINANCE NO.: 2017-14
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE CITY CODE REGARDING MOTOR FUEL AND
RELATED USES.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. The definitions of motor fuel station and truck stop within Section 20-
2-2 of the Zoning Ordinance are hereby amended:
Section 2. Section 20-76-6.0 of the Zoning Ordinance (B-2 District — Motor Fuel
Station) is hereby amended.
Section 3. Section 20-76-6.1-1 of the Zoning Ordinance (B-2 District — Minor Auto
Repair) is hereby amended.
Section 4. Section 20-77-6.0 of the Zoning Ordinance (B-3 District — Motor Fuel
Station) is hereby amended.
Section 5. Section 20-76-6.H of the Zoning Ordinance (B-3 District — Minor Auto
Repair) is hereby amended.
Section 6. Section 20-78-2.A of the Zoning Ordinance (B -W District — Auto
Repair) is hereby repealed and subsequent sections renumbered accordingly.
Section 7. Section 20-78-6.K of the Zoning Ordinance (B -W District — Motor
vehicle, farm implement, and recreation equipment sales, services and repair and
structures accessory thereto) is hereby repealed and provisions adopted allowing minor
automobile repair as a conditional use.
Section 8. Section 20-78-6 of the Zoning Ordinance (B -W District — Conditional
Uses) is hereby amended to add provisions allowing motor fuel station as a conditional
use.
Section 9. Section 20-85-6 of the Zoning Ordinance (1-1 District — Conditional
Uses) is hereby amended to add provisions allowing major and minor auto repair as a
conditional use.
1
Section 10. Section 20-86-2.E of the Zoning Ordinance (1-2 District —
Automobile repair - major) is hereby amended to repeal the provision with subsequent
sections renumbered accordingly.
Section 11. Section 20-86-6.A of the Zoning Ordinance (1-2 District — Reserved)
is hereby amended to add motor fuel station as a conditional use.
Section 12. Section 20-86-6.13 of the Zoning Ordinance (1-2 District — Reserved)
is hereby amended to add major and minor automobile repair as a conditional use.
Section 13. Section 20-86-6.D of the Zoning Ordinance (1-2 District — Reserved)
is hereby amended to add truck stop as a conditional use.
Section 14. Section 20-87-2.E of the Zoning Ordinance (1-3 District — major auto
repair) is hereby amended to repeal the provision with subsequent sections renumbered
accordingly.
Section 15. Section 20-87-6.A of the Zoning Ordinance (1-3 District — Reserved)
is hereby amended to add motor fuel stations as a conditional use.
Section 16. Section 20-87-6.B of the Zoning Ordinance (1-3 District — Reserved)
is hereby amended to add major and minor auto repair as a conditional use.
Section 17. This Ordinance shall become effective immediately upon its
passage and publication.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 13th day of
November, 2017.
ATTEST: Tami Loff, City Clerk
2
CITY OF OTSEGO
BY: Jessica L. Stockamp, Mayor
Pursuant to Minnesota Statutes 412.191, Subd. 4 and 331A.01, Subd.10, this
Ordinance is published in summary form. Complete copies of the ordinance are
available for inspection during regular office hours by contacting the City Clerk, Otsego
City Hall, 13400 90th Street NE, Otsego, Minnesota 55330.
3