ORD 91-01ORDINANCE NO. 91.01
CITY OF OTSEGO
WRIGHT COUNTY, MINNESOTA
AS ORDINANCE AMENDING SECTION 5 AND SECTION 8 OF THE CITY OF
OTSEGO ZONING ORDINANCE RELATING TO VARIANCES; ZONING AMENDMENTS,
CONDITIONAL USE PERMITS; CERTIFICATE OF OCCUPANCY; APPEALS,
ENFORCEMENT AND PENALTIES.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
OTSEGO AS FOLLOWS:
Section 1. Section 502 is hereby repealed and replaced w
the following:
502 Variances
502.1 Procedures
502.2 Lapse of Variance
502.3 Performance Security
Section 2. Section 504 is hereby repealed and replaced with
the following:
504
Zoning Amendments
504.1
Procedure
504.2
Amendments - Initiation
Section
3. Section 505 is hereby repealed and replaced with
the following:
505
Conditional Use Permits
505.1
Procedure
505.2
Application
505.3
Information Requirement
505.4
Amended Conditional Use Permits
505.5
Cancellation of Conditional Use Permits
505.6
Performance Security
505.7
Initiation
Section
4. Section 5 is hereby amended to add the
following:
507
Certificate of Occupancy
507.1
Certificate Required
507.2
Application
Section 5. Section 5 is hereby amended to add the
following:
508 Appeals
508.1 Board Designation
508.2 Applicability
508.3 Filing
508.4 Stay or Proceedings
508.5 Procedure
508.6 Appeals From the Board of Adjustment and Appeals
Section 6. Section 501 is hereby repealed in its entirety
and Section 8 is hereby repealed and replaced with the following:
801
801.1
801.2
Section 7.
Enforcement and Penalties
Administration and Enforcement
Penalties, Violations and Enforcement
Section 503 is hereby repealed in its entirety.
Section 8. Effective Date of this Ordinance. The Ordinance
shall be in force and effect from and after its passage and
publication according to law.
Adopted by the Otsego City Council on the 17th day of
December 1990.
(�q ==- 2- a��-L -
man Freske, Mayor
ATTE T:
JUerome PeIrrault, City Clerk
Pursuant to Minnesota State Statutes, this Ordinance is published
in summary fashion. Complete copies `of the Ordinance are
available during business hours at the City of Otsego Municipal
Offices, 13474 95th Street NE, Otsego, Minnesota 55330.
12/20/90
ORDINANCE NO. 91-01
CITY OF OTSEGO
WRIGHT COUNTY, MINNESOTA
AN ORDINANCE AMENDING SECTION 5 AND SECTION 8 OF THE CITY OF OTSEGO
ZONING ORDINANCE RELATING TO VARIANCES; ZONING AMENDMENTS; CONDITIONAL
USE PERMITS; CERTIFICATE OF OCCUPANCY; APPEALS; ENFORCEMENT AND
PENALTIES.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
OTSEGO AS FOLLOWS:
Section 1. Section 502 is hereby repealed and replaced with
the following:
502. Variances
(1) The purpose of this Section is to provide for deviations
from the literal provisions of this Ordinance in instances
where their strict enforcement would cause undue hardship
because of circumstances unique to the individual property
under consideration, and to grant such variances only when
it is demonstrated that such actions will be in keeping with
the spirit and intent of this Ordinance.
(2) The City Council shall serve as the Board of Adjustment and
Appeals.
(3) Review Criteria: Conditions governing considerations of
both major and minor variance requests:
a. In considering all requests for a variance and in
taking subsequent action, the Planning Commission and
the Council shall make a finding of fact that the
proposed action will not:
(1) Impair an adequate supply of light and air to
adjacent property.
(2) Unreasonably increase the congestion in the
public street.
(3) Have the effect of allowing any district uses
prohibited therein, permit a lesser degree of
flood protection than the flood protection
elevation for the particular area, or permit
standards which are lower than those required by
State law.
(4) Increase the danger of fire or endanger the
public safety.
(5) Unreasonably diminish or impair established
property values within the neighborhood, or in any
way be contrary to the intent of this Section.
(6) Violate the intent and purpose of the
Comprehensive Plan.
(7) Violate any of the terms or conditions of Item b,
below.
b. A variance from the terms of this Ordinance shall not
be granted unless it can be demonstrated that:
(1) Undue hardship will result if the variance is
denied due to the existence of special conditions
and circumstances which are peculiar to the land,
structure, or building involved and which are not
applicable to other lands, structures or buildings
in the same district.
a) Special conditions may include exceptional
topographic or water conditions or, in the
case of an existing lot or parcel of record,
narrowness, shallowness, insufficient area or
shape of the property.
b) Undue hardship caused by the special
conditions and circumstances may not be
solely economic in nature, if a reasonable
use of the property exists under the terms of
this Section.
C) Special conditions and circumstances causing
undue hardship shall not be a result of lot
size or building location when the lot
qualifies as a buildable parcel.
(2) Literal interpretation of the provisions of this
Ordinance would deprive the applicant of rights
commonly enjoyed by other properties in the same
district under the terms of this Ordinance or deny
the applicant the ability to put the property in
question to a reasonable use.
(3) The special conditions and circumstances causing
the undue hardship do not result from the actions
of the applicant.
F
(4) Granting the variance requested will not confer on
the applicant and special privilege that is denied
by this Ordinance to other lands, structures or
buildings in the same district under the same
conditions.
(5) The request is not a result of non -conforming
lands, structures or buildings in the same
district.
(6) The request is not a use variance.
(7) The variance requested is the minimum variance
necessary to accomplish the intended purpose of
the applicant.
C. Application for a variance shall set forth reasons
that the variance is justified in order to make
reasonable use of the land, structure or building.
d. Should the City Council find that the conditions
outlined heretofore apply to the proposed lot or
parcel, the Council may grant a variance from the
strict application of this Ordinance so as to relieve
such difficulties or hardships to the degree considered
reasonable, provided such relief may be granted without
impairing the intent of this Ordinance. The Planning
Commission, in the case of major variance, based upon a
report and recommendation by the City staff, shall have
the power to advise and recommend such conditions
related to the variance regarding the location,
structure, or use as it may deem advisable in the
interest of the intent and purpose of this Ordinance.
502.1. Procedures
(1) Minor Variances
a. Purpose. The purpose of this Section is to provide for
an expeditious method of processing variance requests.
b. Qualifications. Requests qualifying as minor
variances must meet one of the following criteria:
(1) Cases where hardship to existing buildings or
platted property are created as a result of
public action or change in City Code standards
(exception: floodplain, shoreland, and/or wild
and scenic river regulations).,
3
(2) Structure or setback deviations which are
characteristics of and common to neighboring uses
and which do not exceed five (5) feet.
C. Processing.
(1) Requests for a minor variance shall be filed with
the City on an official application form. Such
application shall be accompanied by a fee as
established by Council resolution. Such
application shall also be accompanied by eight (8)
copies of large scale and one (1) reduced (8 1/2"
x 11") copy of detailed written and graphic
materials necessary for the explanation of the
request.
(2) Proof of Ownership or Authorization: The
applicant shall supply proof of title and the
legal description of the property for which the
variance is requested, consisting of an abstract
of title or registered property abstract currently
certified together with any unrecorded or
equitable ownership interest and as applicable
supply documented authorization from the owner(s)
of the property in question to proceed with the
requested variance.
(3) The Zoning Administrator shall instruct the
appropriate staff persons to prepare technical
reports when appropriate and provide general
assistance in preparing a recommendation on the
action to the Council.
(4) For properties within the Shoreland Overlay
Districts, the Wild and Scenic River Corridor
District, and/Dr the Floodway or Flood Fringe
Overlay District, the City shall submit to the
Commissioner of Natural Resources a copy of the
application for proposed variances sufficiently in
advance so that the Commissioner will receive at
least ten (10) days' notice of the City Council
meeting where it is to be heard.
(5) The City shall have the authority to request
additional information from the applicant
concerning operational factors or to retain
expert testimony with the consent and at the
expense of the applicant concerning operational
factors, said information to be declared necessary
to establish performance conditions in relation to
all pertinent sections of this Ordinance. Failure
4
of any applicant to supply all necessary
supportive information may be grounds for denial
of the request.
(6) The City Council shall review the application and
may upon its option conduct a public hearing (no
notice or publication required) on the request.
The City Council may also make a determination and
require that the matter be processed as a major
variance.
(7) The applicant or a designated representative shall
appear before the City Council in order to answer
questions concerning the proposed variance
request.
(8) The City Council shall make findings of fact and
shall decide whether to approve or deny a request
for variance within forty (40) days after the
public hearing on said request or forty (40) days
after the date at which the matter was first
considered.
(9) A variance of this Section shall be by four -
fifth's (4/5's) vote of the entire City Council.
(10) All decisions by the City Council involving a
variance request shall be final except that an
aggrieved person or persons shall have the right
to appeal within thirty (30) days of the decision
to the Wright County District Court.
(11) A copy of all decisions granting variances for
properties in the Shoreland Overlay Districts, the
Wild and Scenic River Corridor District, and/or
the Floodway or Flood Fringe Districts shall be
forwarded to the Commissioner of Natural Resources
within ten (10) days of such action.
(12) If a request for variance receives approval of the
City Council, the City at the applicant's expense,
shall record such with 'the appropriate Wright
County office. No building permits for the
property in question shall be granted until
recording of the action has been completed.
(2) Major Variances
a. Classification. All variances which are not
classified as "minor" shall be deemed "major"
variances.
5
b. Processing.
(1) Request for variances, as provided within this
Section, shall be filed with the City on an
official application form. Such application shall
be accompanied by a fee as provided for by City
Council Resolution. Such application shall also
be accompanied by eight (8) copies and one (1)
reduced (8 1/2" x 11") copy of detailed written
and graphic materials fully explaining the
proposed change, development, or use. The
request for variance shall be placed on the agenda
of the first possible Planning Commission meeting
occurring after fifteen (15) working days from the
date of submission of the application. The
request shall be considered as being officially
submitted when all the information requirements
are complied with.
(2) Proof of Ownership or Authorization: The
applicant shall supply proof of title and the
legal description of the property for which the
variance is requested, consisting of an abstract
of title or registered property abstract currently
certified together with any unrecorded or
equitable ownership interest and as applicable
supply documented authorization from the owner(s)
of the property in question to proceed with the
requested variance.
(3) Upon receipt of said application, the City shall
set a public hearing following property hearing
notification as applicable. The Planning
Commission shall conduct the hearing, and reports
its findings and make recommendations to the City
Council. Notice of said hearing shall consist of
a legal property description of request, and be
published in the official newspaper at least ten
(10) days prior to the hearing. Written
notification of said hearing shall be mailed to
surrounding area property owners at least ten (10)
days prior to the hearing. Requests affecting and
located within platted areas of the City shall be
noticed to all property owners within three
hundred fifty (350) feet of the property in
question. Requests affecting and located within
non -platted areas of the City shall be noticed to
all property owners within five hundred (500) feet
of the property in question. A copy of the
L
notice and a list of the property owners and
addresses to which the notice was sent shall be
attested and made a part of the records of the
proceeding.
(4) For properties within the Shoreland Overlay
Districts, the Wild and Scenic River Corridor
District, and/or the Floodway or Flood Fringe
Overlay Districts, the City shall submit to the
Commissioner of Natural Resources a copy of the
application for proposed variances sufficiently in
advance so that the Commissioner will receive at
least ten (10) day's notice of the hearing.
(5) Failure of a property owner to receive said
notice shall not invalidate any such proceedings
as set forth within this Section provided a bona
fide attempt has been made to comply with the
notice requirements of this Section.
(6) The Zoning Administrator shall instruct the
appropriate staff persons to prepare technical
reports where appropriate, and provide general
assistance in preparing a recommendation on the
action to the Council.
(7) The City Council, Planning Commission, and City
staff shall have the authority to request
additional information from the applicant
concerning operational factors or to retain expert
testimony with the consent and at the expense of
the applicant concerning operational factors, said
information to be declared necessary to establish
performance conditions in relation to all
pertinent sections of this Ordinance. Failure of
an applicant to supply all necessary supportive
information may be grounds for denial of the
request.
(8) The applicant or a designated representative
thereof shall appear before the Planning
Commission to answer questions concerning the
proposed variance.
(9) The Planning Commission shall make findings of
fact and recommend approval or denial of the
request. The Planning Commission shall reach a
decision within sixty (60) days after the first
regular meeting at which the variance request was
considered by the Commission. The Commission's
recommendation and the City staff's report shall
be presented to the Council.
N
(10) The City Council shall not consider or act upon a
variance request until they have received a report
and recommendation from the Planning Commission or
until sixty (60) days after the first regular
Planning Commission meeting at which the request
was considered.
(11) Upon completion of the report and recommendation
of the Planning Commission, the request shall
placed on the agenda of the City Council. Such
reports and recommendations shall be entered in
and made part of the permanent written record of
the City Council meeting.
(12) The Council shall review the application and may
at its option conduct a public hearing on the
request.
(13) If, upon receiving said reports and
recommendations of the Planning Commission, the
City Council finds that specific inconsistencies
exist in the review process and thus the final
recommendation of the City Council will differ
from that of the Planning Commission, the City
Council may before taking final action, refer the
matter back to the Planning Commission for further
consideration. The City Council shall provide the
Planning Commission with a written statement
detailing the specific reasons for referral. This
procedure shall be followed only one time on a
singular action.
(14) The Council shall make a finding of fact and
approve or deny a request for variance within
sixty (60) days after receipt of the Planning
Commission's recommendation.
(15) A variance of this Section shall be by four -
fifth's (4/5's) vote of the entire City Council.
(16) All decisions by the Council involving a variance
request shall be final except that an aggrieved
person or persons shall have the right to appeal
within thirty (30) days of the decision to the
Wright County District Court.
(17) A copy of all decisions granting variances for
properties in the Shoreland Overlay Districts, the
Wild and Scenic River Corridor District, and/or
the Floodway or Flood Fringe Overlay Districts
shall be forwarded to the Commissioner of Natural
Resources within ten (10) days of such action.
(18) Whenever a variance for an amendment has been
considered and denied by the City Council, a
similar application and proposal for the variance
affecting the same property shall not be
considered again by the Planning Commission or
City Council for at least one (1) year from the
date of its denial, except as follows:
a) If the applicant or property owner can
clearly demonstrate that the circumstances
surrounding the previous variance application
have changed significantly.
b) If the City Council decides to reconsider
such matter by a four -fifth's (4/5's) vote of
the entire City Council.
(19) If a request for variance receives approval of the
City Council, the City at the applicant's expense,
shall record such with the appropriate Wright
County office. No building permits for the
property in question shall be granted until
recording is of this action has been completed.
502.2 Lapse of Variance
(1) Unless otherwise specified by the City, if within one (1)
year after granting a variance the use as allowed by the
variance shall not have been initiated or utilized, then
such a variance shall become null and void unless a petition
for an extension of time in which to complete or utilize the
variance has been granted by the Council. Such extension
shall be requested in writing and filed with the City at
least thirty (30) days before the expiration of the original
variance or appeal. There shall be no charge for the filing
of such petition. The request for extension shall state
facts showing a good faith attempt to complete or utilize
the variance which has been granted. Such petition shall be
presented to the Council for decision.
0
502.3 Performance Security
(1) Upon approval of a variance, the City shall be provided,
where deemed necessary by the City Council, with a
performance security as approved by the City Attorney prior
to the issuing of building permits or initiation of work on
the proposed improvements or development. Said security
shall guarantee conformance and compliance with the
conditions of the variance and City ordinance provisions.
(2) The security shall be in the amount equal to the Zoning
Administrator's estimated costs of labor and materials for
the proposed improvements or development.
(3) The City shall hold the security until completion of the
proposed improvements or development and a certificate of
occupancy indicating compliance with the variance and City
Code provisions has been issued by the Building Official.
(4) Failure to comply with the conditions of the variance or
appeal and City Code provisions shall result in forfeiture
of the security.
(5) Whenever a performance guarantee is imposed by the City, the
applicant shall be required to enter into a performance
agreement with the City. This agreement is to provide
authorization to the City to utilize the posted security and
complete stipulated work should the applicant fail to meet
the terms and conditions of the variance. Said agreement
shall hold harmless the City for completion of. the work and
address other matters as may be determined by the City
Attorney.
10
Section 2. Section 504 is hereby repealed and replaced with
the following:
504. Zoning Amendments
(1) The regulations, restrictions and boundaries set forth in
this Ordinance may from time to time be amended,
supplemented, changed or repealed; provided, however, that
no such action may be taken until after a public hearing in
relation thereto, at which parties with interest and
citizens shall have an opportunity to be heard. At least
ten (10) days' notice of the time and place of such hearing
shall be published in a newspaper of general circulation in
the City. Any action taken pursuant to this Section shall
also be in compliance and accordance with the rules and
regulations of the Department of Natural Resources, State of
Minnesota, and the Federal Emergency Management Agency.
504.1 Procedure
(1) Requests for rezoning (text or map) shall be filed with the
City on an official application form. Such application
shall be accompanied by a fee as provided by City Council
resolution. Such application shall also be accompanied by
eight (8) large scale copies and one (1) reduced scale (8
1/2" x 1111) copy of detailed written and graphic materials
fully explaining the proposed change, development, or use.
The request for amendment shall be placed on the agenda of
the first possible Planning Commission meeting occurring
fifteen (15) working days from the date of submission of the
application. The request shall be considered officially
submitted when all the informational requirements are
complied with.
(2) Proof of Ownership or Authorization: The applicant shall
supply proof of title of the property for which the rezoning
is requested, consisting of an abstract of title or
registered property abstract currently certified together
with any unrecorded documents whereby the petitioners
acquire a legal ownership or equitable ownership interest
and as applicable supply documented authorization from the
owner(s) of the property in question to proceed with the
requested rezoning.
(3) Upon receipt of said application, the City shall set a
public hearing following proper hearing notification as
applicable. The Planning Commission shall conduct the
hearing and report its findings and recommendations to the
City Council. Notice of said hearing shall consist of a
legal property description and description of the request,
and shall be published in the official newspaper at least
11
ten (10) days prior to hearing. As required by State
Statutes, written notice of said hearing shall be mailed to
surrounding area property owners at least ten (10) days
prior to the hearing. Requests affecting and located within
platted areas of the City shall be noticed to all property
owners within three hundred fifty (350) feet of the property
in question. Requests affecting and located within non -
platted areas of the City shall be noticed to all property
owners within five hundred (500) feet of the property in
question. A copy of the notice and a list of the property
owners and addresses to which the notice was sent shall be
attested and made a part of the records of the proceeding.
(4) Failure of a property owner to receive said notice shall not
invalidate any such proceedings as set forth within this
Section provided a bona fide attempt has been made to comply
with the notice requirements of this Section.
(5) The Zoning Administrator shall instruct the appropriate
staff persons to prepare technical reports where
appropriate, and provide general assistance in preparing a
recommendation on the action to the City Council.
(6) The City Council and the Planning Commission shall consider
possible adverse effects of the proposed amendment. Their
judgement shall be based upon (but not limited to) the
following factors:
a. The proposed action has been considered in relation to
the specific policies and provisions of and has been
found to be consistent with the official City
Comprehensive Plan.
b. The proposed use is or will be compatible with present
and future land uses of the area.
C. The proposed use conforms with all performance
standards contained herein (i.e., parking, loading,
noise, etc.).
d. The proposed use will not tend to or actually have an
adverse effect upon the area iri which it is proposed.
e. The proposed use will not tend to or actually
depreciate the property value of the area in which it
is proposed.
f. Traffic generation by the proposed use within
capabilities of streets serving the property.
12
g. The proposed use can be accommodated with existing
public services and facilities including parks,
schools, streets, and utilities, and will not
overburden the City's service capacity.
(7) The City Council, Planning Commission, and City staff shall
have the authority to request additional information from
the applicant concerning operational factors or to retain
expert testimony with the consent and at the expense of the
applicant concerning operational factors, said information
to be declared necessary to establish performance conditions
in relation to all pertinent sections of this Ordinance.
Failure on the part of the applicant to supply all necessary
supportive information may be grounds for denial of the
request.
(8) The applicant or a designated representative thereof shall
appear before the Planning Commission in order to answer
questions concerning the proposed request.
(9) The Planning Commission shall recommend approval or denial
of the request.
(10) The City Council shall not act upon an amendment until they
have received a report and recommendation from the Planning
Commission or until sixty (60) days after the first regular
Planning Commission meeting at which the request was
considered.
(11) Upon completion of the report and recommendation the
Planning Commission, the request shall be placed on the
agenda of the City Council. Such reports and
recommendations shall be entered in and made part of the
permanent written record of the City Council meeting.
(12) Upon receiving the report and recommendation of the Planning
Commission and the City staff, the City Council shall have
the option to set and hold a public hearing if deemed
necessary.
(13) If, upon receiving said reports and recommendations of the
Planning Commission, the City Council finds that specific
inconsistencies exist in the review process and thus the
final recommendation of the City Council will differ from
that of the Planning Commission, the City Council may before
taking final action, refer the matter back to the Planning
Commission for further consideration. The City Council
shall provide the Planning Commission with a written
statement detailing the specific reasons for referral. This
procedure shall be followed only one time on a singular
action.
13
504.2
(14) Approval of a proposed amendment shall require passage by a
four -fifth's (4/5's) vote of the entire City Council.
(15) The amendment shall not become effective until such time as
the City Council approves an ordinance reflecting said
amendment and after said ordinance is published in the
official newspaper.
(16) Whenever an application for an amendment has been considered
and denied by the City Council, a similar application and
proposal for the amendment affecting the same property shall
not be considered again by the Planning Commission or City
Council for at least one (1) year from the date of its
denial except as follows:
a. Applications are withdrawn prior to the City Council
taking action on the matter.
b. If the City Council determines that the circumstances
surrounding a previous application have changed
significantly.
C. If the. City Council decides to reconsider such matter
by a four -fifth's (4/5's) vote of the entire City
Council.
Amendments - Initiation
(1) The City Council or Planning Commission may, upon their own
motion, initiate a request to amend the text or the district
boundaries of this Section. The procedural requirements of
Sections 504.1(1) and 504.1(2) of this Section shall not
apply to such proposed amendments except to the extent
required by State Statute. Any person owning real estate or
having documented interest therein, within the City may
initiate a request to amend the district and map boundaries
or text of this Section, so as to affect the said real
estate.
14
Section 3. Section 505 is hereby repealed and replaced with
the following:
505. Conditional Use Permits
(1) The purpose of a conditional use permit is to provide the
City of Otsego with a reasonable degree of discretion in
determining the suitability of certain designated uses upon
the general welfare, public health and safety. In making
this determination, whether or not the conditional use is to
be allowed, the City may consider the nature of the
adjoining land or buildings, the effect upon traffic into
and from the premises, or on any adjoining roads, and all
other or further factors as the City shall deem a
prerequisite of consideration in determining the effect of
the use on the general welfare, public health and safety.
505.1 Procedure
(1) Request for conditional use permits, as provided within this
Section shall be filed with the City on an official
application form. Such application shall be accompanied by
a fee as provided for by City Council Resolution. Such
application shall also be accompanied by eight (8) large
scale copies and one (1) reduced scale (8 1/2" x 1111) copy
of detailed written and graphic materials fully explaining
the proposed change, development, or use. The request for
conditional use permit shall be placed on the agenda of the
first possible Planning Commission meeting occurring after
fifteen (15) working days from the date of submission. The
request shall be considered as being officially submitted
when all the information requirements are complied with.
(2) Proof of Ownership or Authorization: The applicant shall
supply proof of title and the legal description of the
property for which the conditional use permit is requested,
consisting of an abstract of title or registered property
abstract currently certified together with any unrecorded
documents whereby the petitioners acquire a legal ownership
or equitable ownership interest and as applicable supply
documented authorization from the owner(s) of the property
in question to proceed with the requested conditional use
permit.
(3) Upon receipt of said application, the City shall set a
public hearing following proper hearing notification as
applicable. The Planning Commission shall conduct the
hearing, and report its findings and make recommendations to
the City Council. Notice of said hearing shall consist of a
legal property description and description of request, and
be published in the official newspaper at least ten (10)
15
days prior to the hearing. Written notification of said
hearing shall be mailed to surrounding area property owners
at least ten (10) days prior to the hearing. Requests
affecting and located within platted areas of the City shall
be noticed to all property owners within three hundred
fifty (350) feet of the property in question. Requests
affecting and located within non -platted areas of the City
shall be noticed to all property owners within five hundred
(500) feet of the property in question. A copy of the
notice and a list of the property owners and addresses to
which the notice was sent shall be attested and made a part
of the records of the proceeding.
(4) Failure of a property owner to receive said notice shall not
invalidate any such proceedings as set forth within this
Section provided a bona fide attempt has been made to comply
with the notice requirements of this Section.
(5) The Zoning Administrator shall instruct the appropriate
staff persons to prepare technical reports where
appropriate, and provide general assistance in preparing a
recommendation on the action to the City Council.
(6) The Planning Commission and. City Council shall consider
possible adverse effects of the proposed conditional use.
Their judgement shall be based upon (but not limited to) the
following factors:
a. The proposed action has been considered in relation to
the specific policies -and provisions of and has been
found to be consistent with the official City
Comprehensive Plan and with the purposes of the zoning
district in which the applicant intends to locate the
proposed use.
b. The proposed use is or will be compatible with present
and future uses of the area.
C. The proposed use conforms with all performance
standards contained herein (i.e., parking, loading,
noise, etc.).
d. The proposed use will not tend to or actually have an
adverse effect on the area in which it is proposed.
e. The proposed use will not tend to actually depreciate
the property value of the area in which it is
developed.
f. Traffic generated by the proposed use is within
capabilities of streets serving the property.
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g. The proposed use can be accommodated with existing
public services and facilities including parks,
schools, streets and utilities, and will not overburden
the City's service capacity.
(7) The City Council, Planning Commission, and City staff shall
have the authority to request additional information from
the applicant concerning operational factors or to retain
expert testimony with the consent and at the expense of the
applicant concerning operational factors, said information
is to be declared necessary to establish performance
conditions in relation to all pertinent sections of this
Ordinance. Failure on the part of the applicant to supply
all necessary supportive information may be grounds for
denial of the request.
(8) The applicant or a designated representative thereof shall
appear before the Planning Commission in order to answer
questions concerning the proposed request.
(9) The Planning Commission shall make a finding of fact and
recommend such actions or conditions relating to the request
as they deem necessary to carry out the intent and purpose
of the Section.
(10) The City Council shall not consider or act upon a
conditional use permit until they have received a report and
recommendation from the Planning Commission or until sixty
(60) days after the first regular Planning Commission
meeting at which the request was considered.
(11) Upon completion of the report and recommendation of the
Planning Commission, the request shall placed on the agenda
of the City Council. Such reports and recommendations shall
be entered in and made part of the permanent written record
of the City Council meeting.
(12) Upon receiving the report and recommendation of the Planning
Commission and City staff, the City Council shall have the
option to set and hold a public hearing if deemed necessary
and shall make a recorded finding of fact and may impose any
condition it considers necessary to protect the public
health, safety and welfare.
(13) If, upon receiving said reports and recommendations of the
Planning Commission and city staff, the City Council finds
that specific inconsistencies exist in the review process
and thus the final recommendation of the City Council will
differ from that of the Planning Commission, the City
Council may before taking final action, refer the matter
back to the Planning Commission for further consideration.
The City Council shall provide the Planning Commission with
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a written statement detailing the specific reasons for
referral. This procedure shall be followed only one time on
a singular action.
(14) Approval of a request shall require passage by four -fifth's
(4/5's) vote of the entire City Council.
(15) Whenever an application for a conditional use permit has
been considered and denied by the City Council, a similar
application for the conditional use permit affecting
substantially the same property shall not be considered
again by the Planning Commission or City Council for at
least one (1) year from the date of its denial, except as
follows:
a. If the applicant or property owner can clearly
demonstrate that the circumstances surrounding the
previous conditional use permit application have
changed significantly.
b. If the City Council determines that the circumstances
surrounding a previous application has changed
significantly.
C. If the City Council decides to reconsider such matter
by a four -fifth's (4/5's) vote of the entire Council.
(16) If a request for conditional use permit receives approval of
the City Council, the City at the applicant's expense, shall
record such with the appropriate Wright County office. No
building permits for the property in question will be
granted until recording of the action has been completed.
505.2 Application
The conditional use permit and the stipulations, limitations and
conditions therein shall be applied to the property in question
and not the owner of the property.
505.3 Information Requirement
The information required for all conditional use permit
applications generally consists of the following items, and shall
be submitted when requested by the City:
(1) Site Development Plan
a. Location of all buildings on lots including both
existing and proposed structures.
b. Location of all adjacent buildings located within three
hundred fifty (350) feet of the exterior boundaries of
the property in question.
C. Location and number of existing and proposed parking
spaces.
d. Vehicular circulation.
e. Architectural elevations (type and materials used in
all external surface).
f. Location and type of all proposed lights.
g. Curb cuts, driveways, number of parking spaces.
h. Site plan details such as trash receptacles, etc.
(.2) Dimension Plan
a. Lot dimensions and area.
b. Dimensions of proposed and existing structures.
C. "Typical" floor plan and "typical" room plan.
d. Setbacks of all buildings located on property in
question.
e. Proposed setbacks.
f. Sanitary sewer and water plan with estimated use per
day.
(3) Grading Plan
a. Existing contours.
b. Proposed grading elevations.
C. Drainage configuration.
d. Storm sewer catch basins and invert elevations.
e. Spot elevations.
f. Proposed road profile.
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(4) Landscape Plan
a. Location of all existing trees, type, diameter, and
which trees will be removed.
b. Location, type and diameter of all proposed plantings.
C. Location and material used for all screening devices.
505.4• Amended Conditional Use Permits
(1) An amended conditional use permit may be applied for and
shall be administered in a manner similar to that required
for a new conditional use permit. Amended conditional use
permits shall include re -applications for permits that have
been denied, requests for substantial changes in conditions
or expansions of use, and as otherwise described in this
Section.
505.5 Cancellation of Conditional Use Permits
(1) Where applicable, unless otherwise specified by the Council
at the time it is authorized, a conditional use permit shall
expire if the applicant fails to utilize such conditional
use permit and fulfill each and every condition attached
thereto within one (1) year from the date of its
authorization unless a petition for an extension of time in
which to complete or utilize the use that has been granted
by the City Council. Such extension shall be requested in
writing and filed with the City at least thirty (30) days
before the expiration of the original conditional use
permit. There shall be no charge for the filing of such
petition. The request for extension shall state facts
showing a good faith attempt to complete or utilize the use
or activity permitted in the conditional use permit. Such
petition shall be presented to the Planning Commission for a
recommendation and to the City Council for a decision.
505.6 Performance Security
(1) Except in the case of non -income producing residential
property (excluding relocated structures), upon approval of
a conditional use permit the City shall be provided, where
deemed necessary by the Council, with a performance security
as approved by the City Attorney prior to the issuing of
building permits or initiation of work on the proposed
improvements or development. Said security shall be non -
cancellable and shall guarantee conformance and compliance
with the conditions of the conditional use permit and the
ordinances of the City.
f
(2) The security shall be in the amount equal to the Zoning
Administrator's estimated costs of labor and materials for
the proposed improvements or development. Said project can
be handled in stages upon the discretion of the Zoning
Administrator.
(3) The City shall hold the security until completion of the
proposed improvements or development and a certificate of
occupancy indicating compliance with the conditional use
permit and ordinances of the City has been issued by the
City Building Official.
(4) Failure to comply with the conditions of the conditional use
permit or the ordinances of the City shall result in
forfeiture of the security.
(5) Whenever a performance guarantee is imposed by the City, the
applicant shall be required to enter into a performance
agreement with the City. This agreement is to provide
authorization to the City to utilize the posted security and
complete stipulated work should the applicant fail to meet
the terms and conditions of the permit. Said agreement
shall hold harmless the City for completion of the work and
address other matters as may be determined by the City
Attorney.
505.7 Initiation
(1) The City Council or the Planning Commission may, upon their
own motion, initiate a request for a conditional use permit
in conformance with the provisions of this Section. Any
person owning real estate or having documented interest
therein, may initiate a request for a conditional use permit
for said real estate in conformance with the provisions of
this Section.
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Section 4. Section 5 is hereby amended to add the following:
507. Certificate of Occupancy
507.1 Certificate Required
(1) Except for farm buildings, no building or structure
hereafter erected or moved, or that portion of an existing
structure or building erected or moved shall be occupied or
used in whole or in part for any purpose whatsoever until a
certificate of occupancy shall have been issued by the
Building Official stating that the building or structure
complies with all of the provisions within this Ordinance
and applicable state building code sections.
507.2 Application
(1) Said certificate shall be applied for coincident with the
application for a building permit, conditional use permit,
and/or variance and shall be issued within ten (10) days
after the Building Official shall have found the building or
structure satisfactory and given final inspection. Said
application shall be accompanied by a fee as established by
City Council resolution.
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Section 5. Section 5 is hereby amended to add the following:
508. Appeals
508.1 Board Designation
(1) The City Council shall serve as the Board of Adjustment and
Appeals.
508.2 Applicability
(1) An appeal shall only be applicable to an interpretation of
legislative intent of provisions of this Ordinance.
Opinions and evaluations as it pertains to the impact or
result of a request are not subject to the appeal procedure.
508.3 Filing
(1) An appeal from the ruling of an administrative officer of
the City shall be made by the property owner or their agent
within thirty (30) days after the making of the order
appealed from.
(2) Any appeal filed shall be comprehensive and include all
matters subject to question. Subsequent appeals filed by
the same individual or group which are intended to cause
unjustifiable delay in the decision making process shall not
be accepted by the City.
508.4 Stay of Proceedings
(1) An appeal stays all proceedings in furtherance of the action
being appealed unless it is certified to the Board of
Adjustment and Appeals, after the notice of appeal is filed,
that by reason of facts stated in the certificate a stay
would cause imminent peril to life and property. In such
case, proceedings shall not be stayed other than by a
restraining order which may be granted by a court of record
on application, on notice to'the City.
508.5 Procedure
(1) The procedure for making such an appeal shall be as follows:
a. The property owner or their agent shall file with the
City a notice of appeal stating the specific grounds
upon which the appeal is made.
b. The filing of an -appeal shall be accompanied by a fee
as provided for by City Council resolution.
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C. The Board of Adjustment and Appeals shall make its
decision by resolution within sixty (60) days.
508.6 Appeals From the Board of Adjustment and Appeals
(1) Any person or persons or any board, taxpayer, department,
board or bureau of the City aggrieved by any decision of the
Board of Adjustment and Appeals, shall have the right to
seek review within thirty (30) days of the decision with a
court of record of such decision in the manner provided by
the laws of the State of Minnesota, and particularly
Minnesota Statutes, Chapter 462 as such statute may be from
time to time amended, supplemented or replaced.
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Section 6. Section 501 is hereby repealed in its entirety
and Section 8 is hereby repealed and replaced with the following:
801. Enforcement and Penalties
801.1 Administration and Enforcement
(1) This Ordinance shall be administered and enforced by the
Zoning Administrator who is appointed by the City Council.
The Zoning Administrator may institute in the name of the
City of Otsego any appropriate actions or proceedings
against a violator as provided by statute, charter,
ordinance or code.
(2) If the provisions of this Ordinance are being violated, the
City shall notify, in writing, the person responsible for
such violations, indicating the nature of the violation and
ordering the action necessary to correct it. The City shall
order discontinuance of illegal use of land, buildings or
structures; removal of illegal buildings or structures or of
additions, alterations or structural changes thereto;
discontinuance of any illegal work being done; or shall take
any other action authorized by this Section to insure
compliance with or to prevent violation of its provisions.
801.2 Penalties, Violations, and Enforcement
(1) Any person who violates any of the provisions of this
Ordinance shall, upon conviction thereof, be fined not more
than the maximum penalty for a misdemeanor prescribed under
state law. Each day that a violation is permitted to exist
shall constitute a separate offense.
Section 7. Section 503 is hereby repealed in its entirety.
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Section 8. Effective Date of Ordinance. The Ordinance shall be
in force and effect from and after its passage and publication
according to law.
Adopted by the Otsego City Council on the
1990.
ATTEST:
By:
Jerome Perrault, City Clerk
CITY OF OTSEGO
17th Day of December
By: C� -v-, dp,� '?
Norman Freske, Mayor
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