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ORD 17-14ORDINANCE 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 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, 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...; Aa 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. 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: 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 (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 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 3 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: (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; 11 (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 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 sign(s) does not exceed more than twenty (20) percent of area of the canopy elevation. 13. Noise: 5 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: 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. 0 „ (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, 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. 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 VA 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 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. E 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: (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 10 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 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 sign(s) 11 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: 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. 12 (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 5. Section 20-76-6.H of the Zoning Ordinance (B-3 District — Minor Auto Repair) is hereby amended to read as follows: H. 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. 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: K. Minor automobile repair, provided that: 13 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. 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: 14 (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. Fuel pumps: Fuel pumps shall be installed and located in accordance with the following performance standards: 15 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 minimum of three (3) feet wide and clear of any obstacle or impediment when segregated from parking or drive aisles by a 16 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 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. 17 (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 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 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. 18 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/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. 19 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 (7:00) 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. 5. All flammable materials, including liquids and rags, shall conform with the applicable provisions of the Minnesota state fire code. j 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: 20 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: 21 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 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 22 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: (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 23 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 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. 24 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 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 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/grit separator that complies with the following minimum design standards: 25 (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 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 (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. 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. We 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. 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 building. 3. 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. 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 subject to the following: 27 (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. 5. 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. 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. 28 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. 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 ►I] 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 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 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: 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. 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 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. 14. Noise: a. Noise control shall be required to comply with Section 20-16- 10 of this Chapter. 31 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. 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. 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. 32 (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) 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 subject to the following: (1) Ten (10) percent of the building facade may contain contrasting colors. (2) The canopy may accent lines not twelve (12) inches. 33 have contrasting color bands or to exceed a cumulative width of 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. 930 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 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 35 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 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. IRM 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. 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 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 property. 37 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/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 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. 38 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 17. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: Heidner SECOND BY: Warehime ALL IN FAVOR: Stockamp, Heidner, Warehime, Darkenwald, Tanner THOSE OPPOSED: None ADOPTED by the City Council of the City of Otsego this 13th day of November, 2017. CITY OF OTSEGO 1 ILL 2 Jesli'ca L. Sfockamp, Mayor 39 ATTEST: Jaxy\k--fv-" Tami Loff, City Clerk m 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.H 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 20-87-6.13 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: Heidner SECOND BY: Warehime ALL IN FAVOR: Stockamp, Heidner, Warehime, Darkenwald, Tanner THOSE OPPOSED: None ADOPTED by the City Council of the City of Otsego this 13th day of November, 2017. ATTEST: Tami Loff, City Clerk W 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 AFFIDAVIT OF PUBLICATION CITY OF OTSEGO COUNTY OF WRIGHT, STATE OF MINNESOTA) MINNESOTA ss COUNTY OF SHERBURNE SUMMARY OF ORDINANCE NO.: 2017-14 AN ORDINANCE Darlene MacPherson being duly sworn on an AMENDING THE CITY CODE oath, states or affirms that he/she is the REGARDING MOTOR FUEL Publisher's Desi Designated Agent of the news a- g g p AND RELATED USES. per(s) known as: THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Star News Section 1. The definitions of motor fuel station and truck stop with the known office of issue being located within Section 20-2-2 of the Zoning Ordinance are hereby amended: in the county of: Section 2. Section 20-76-6.0 SHERBURNE of the Zoning Ordinance (B-2 Dis- with additional circulation in the counties of: trict - Motor Fuel Station) is hereby amended. WRIGHT Section 3. Section 20-76-6.H and has full knowledge of the facts stated of the Zoning Ordinances,(132 Dis- below: trict - Minor Auto Repair)' is,hereby (A) The newspaper has complied with all of amended. Section 4. Section 20-77-6.0 the requirements constituting qualifica- of the Zoning Ordinance (B-3 Dis- tion as a qualified newspaper as provided trict - Motor Fuel Station) is hereby by Minn. Stat. §331A.02, amended. (B) This Public Notice was printed and pub- Section 5. Section 20-76-6.- of the Zoning Ordinance (B-3 Dis- lished in said newspaper(s) once each trict- Minor Auto Repair) is hereby week, for 1 successive week(s); the first amended. insertion being on 11/18/2017 and the last Section 6. Section 20-78-2.A of insertion being on 11/18/2017. the Zoning Ordinance (B -W District - Auto Repair) is hereby repealed and subsequent sections renum- MORTGAGE FORECLOSURE NOTICES bered accordingly. Pursuant to Minnesota Stat. §580.033 Section 7. Section 20-78-6.K of relating to the publication of mortgage the Zoning Ordinance (B -W District - Motor vehicle, farm implement-' foreclosure notices: The newspaper complies and recreation equipment sales, with the conditions described in §580.033, services and repair and structures subd. 1, clause (1) or (2). If the newspaper's accessory thereto) is hereby re- known office of issue is located in a county pealed and provisions adopted al - lowing minor automobile repair as adjoining the county where the mortgaged a conditional use. premises or some part of the mortgaged Section 8. Section 20-78-6 of premises described in the notice are located, the Zoning Ordinance (B -W Dis- a substantial pamended trict - Conditional Uses) is hereby to add provisions allow - circulation is in the latter county. ing motor fuel station as a condi- tional use. Section 9. Section 20-85-6 of the Zoning Ordinance (1-1 Dis- not By, rj °' � w trict - Conditional Uses) is hereby amended to add provisions allow- Designated Agent ing major and minor auto repair as a conditional use. Subscribed and sworn to or affirmed before Section 10. Section 20-86-2.E me on 11/18/2017 by Darlene MacPherson, of the Zoning Ordinance (1-2 Dis- trict - Automobile repair - major) is hereby amended to repeal the provision with subsequent sections / renumbered accordingly. � L� Section 11. Section 20-86-6.A of the Zoning Ordinance (1-2 District Notary Public - Reserved) is hereby amended to add motor fuel station as a condi- tional use, p9sx�®r, fl cn' M. rOt MP9�LGIttE `U''nit��C���L Section 12. Section 20-86-6. 8Iof Notary F'Gblio-Minnesota f Expires Jan 31, 2020 a the Zoning Ordinance (1-2 District - Reserved) is hereby amended to add major and minor automobile i •+� My Commission R ,PVW0 repair as a conditional use. Section 13. Section 20-86-6.1) 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 Dis- trict - major auto repair) is hereby Rate Information: amended to repeal the provision with subsequent sections renum- (1) Lowest classified rate paid by commercial users bered accordingly. for comparable space: Section 15. Section 20-87-6.A $23.00 per column inch of the Zoning Ordinance (1-3 District - Reserved) is hereby amended to Ad ID 756122 add motor fuel stations as a con- ditional use. Section 16. Section 20-87-6.6 ofthe 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 Heidner SECOND BY: Warehime ALL IN FAVOR: Stockamp, Heidner, Warehime, Darkenwald, Tanner THOSE OPPOSED: None ADOPTED by the City Council of the City of Otsego this 13th day of November, 2017. CITY OF OTSEGO BY: Jessica L. Stockamp Mayor ATTEST: Tam! Loff, City Clerk Pursuant to Minnesota Statutes 412.191, Subd. 4 and 331A.01, Subd.10, this Ordinance is pub- lished in summary form. Complete copies of the ordinance are avail- able for inspection during regular office hours by contacting the City Clerk, Otsego City Hall, 13400 90th Street NE, Otsego, Minnesota 55330. Published in the Star News November 18, 2017 756122