ORD 91-10ORDINANCE NO. 91-10
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE CITY CODE RELATING
TO THE CONSTRUCTION, MAINTENANCE, AND PROVISION OF ESSENTIAL
SERVICES AFTER 31 MARCH 1991.
THE CITY COUNCIL OF THE CITY OF OTSEGO HEREBY ORDAINS AS FOLLOWS:
Section 1. This section shall supersede any procedural
requirements in effect prior to the effective date of this
Ordinance relating to essential service provisions of the Otsego
Zoning Ordinance.
Section 2. The Otsego Zoning Ordinance Section 725 is
hereby amendeil by deleting Sections 725.1 through 725.10 and
replacing it with the following:
725. Essential Services
725.1 Purpose. The purpose of this Section is to provide for
the installation of essential services such as
telephone lines, pipelines, electrical transmission
lines and substations in such a manner that the
health, safety and welfare of the City will not be
adversely affected. Essential services should also be
installed in cognizance of existing and projected
demands for such services.
725.2 All telephone lines, pipelines for local distribution,
underground electric transmission lines, and overhead
electric transmission lines and substations less than
33 KV, when installed in any public right-of-way in any
zoning district, shall require a special permit
approved by the City Council, upon recommendation from
the City Engineer and Zoning Administrator.
725.3 All telephone lines, pipelines for local distribution,
underground electric transmission lines, and overhead
electric transmission lines less than 33 KV, which are
intended to serve more than one (1) parcel and are
proposed to be installed at locations other than in
public right-of-way, shall require a special permit
issued by the City Council after review by the City
Engineer and Zoning Administrator. Approval by the
City shall be based upon the information furnished in
the procedural requirements as outlined in Section
725.4, Installation Requirements:
725.4 Installation Requirements
A. Prior to the installation of any of the previous
essential services, the owner of such service
shall file with the Zoning Administrator, all maps
and other pertinent information as deemed
necessary for the City to review the proposed
project.
B. The Zoning Administrator shall transmit the map
and accompanying information to the City Engineer
or other staff for review and approval regarding
the project's relationship to the Comprehensive
Plan and/or Ordinances and parts thereof.
C. The City staff shall report in writing to the
Zoning Administrator their findings as to the
compliance of the proposed project with the
Comprehensive Plan and Ordinances of the City.
D. In considering applications for the placement of
essential services, as regulated in this Section,'
the aforesaid City staff shall consider the -effect
of the proposed project upon the health, safety
and general welfare of the City, as existing and
as anticipated; and the effect of the proposed
project upon the Comprehensive Plan. In addition,
the following specific performance standards shall
be reviewed as they may apply to the application:
1) Lot Requirements. All lots must meet the
dimensional standards of the Zoning District
with respect to width, area, and structure
setbacks from property lines.
2) Parking. The site must provide for required
off-street parking in conformance with
Section 707 of this Ordinance.
3) Building Materials. The essential service
buildings must be constructed with exterior
building facades that maintain a high
standard of architectural and aesthetic
compatibility with surrounding properties.
4) Screening and Landscaping. Adequate
screening and landscaping from neighboring
.property is provided in accordance with
Sections 704 and 705 of this Ordinance.
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5) Site Access. Direct lot access from major
collector or arterial streets shall be
discouraged and where possible be provided
access through shared access arrangement from
an existing curb cut and driveway or a
neighborhood use. Direct lot access from a
minor collector or local street may be
allowed, provided the curb cut access
complies with the standards outlined in
Section 721 of this Ordinance.
6) Unless otherwise approved by the City
Council, all equipment is completely enclosed
in a permanent structure with no outside
storage.
E. Upon receiving the recommendations of the staff,
the City Council may issue a special permit for
the installation and operation of the applicant's
essential services. If the staff reports
regarding said permit cause the City Council to
deny its issuance, the applicant may appeal said
decision to the Board of Appeals and Adjustments
under the rules and procedures as set forth in
Section 502 of this Ordinance.
725.5 All receiving, pipelines or transmission facilities
(i.e., facilities not required for local distributing
network) and overhead transmission and substation lines
in excess of 33 KV shall be a conditional use in all
districts subject to the following requirements:
A. Adherence to all applicable Federal Aviation
Administration (FAA) and State performance
standards.
B. The performance standards as specified in Section
725.4.D. of this Ordinance are adhered to.
C. The procedural and review standards for
conditional use permits are followed as specified
in Section 505 of the Zoning Ordinance.
D. Any alteration of the existing use (i.e., building
expansion, change/intensification in use, etc.)
involving items not identified upon approved
initial plans shall require a conditional use
permit amendment.
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725.6 All television, audio, or telephone transmission or
receiving facilities which exceed the height limits
established by the applicable zoning district and
exemptions thereto, shall require a conditional use
permit subject to the following requirements:
A. Adherence to all applicable Federal Aviation
Administration (FAA) and State performance
standards.
B. The performance standards as specified in Section
725.4.D. of this Ordinance are adhered to.
C. In no case shall the facilities exceed one hundred
fifty (150) feet in height.
D. The procedural and review standards for
conditional use permits are followed as specified
in Section 505 of the Zoning Ordinance.
E. Any alteration of the existing use (i.e., building
expansion, change/intensification in use, etc.)
involving items not identified upon approved
initial plans shall require a conditional use
amendment.
725.7 Lots reserved specifically for essential services,
whether of record, or newly subdivided, may be less
than the specified dimensions of the applicable zoning
district, both in area and width as a conditional use,
under the following conditions:
A. The lot is of sufficient dimensions to allow the
setbacks from all property lines to be equal to
height of the various structures on the parcel or
the setback requirements of the district,
whichever are greater. Lesser structure setbacks
may be allowed by the City Council upon
demonstration that the facility's design is such
that the collapse of said structure will not
endanger surrounding property. In no case shall
the setbacks be reduced to less than that
required by the individual districts.
B. Applications for subdivision of new lots under
this provision are accompanied by the appropriate
conditional use permit applications.
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C. A restrictive covenant, removable by the City, is
recorded against a parcel which prohibits any
sale, transfer, or use other than for an essential
service as defined in the City ordinances so long
as the parcel is substandard in size, according to
the applicable zoning districts.
D.In the event of abandonment of the essential
service for any reason on the substandard lot all
equipment, structures, cables, buildings or any
other improvements to the property shall be
removed from said property within a period of
three (3) months. At the end of three (3) months,
if the above listed have not been completely
removed, the City may enter said property and
remove any of the above listed items and
improvements and charge said costs to the owner(s)
of the property, and any such unpaid charge shall
be a lien against the affected property, including
any and all administrative, legal and other fees
expended by the City in enforcing this provision.
E. The procedural and review standards for
conditional use permits are followed as specified
in Section 505 of the Zoning Ordinance.
F. Any alteration of the existing use (i.e., building
expansion, change/intensification in use, etc.)
involving items not identified upon approved
initial plans shall require a conditional use
permit amendment.
Section 3. Section 604.5 (1) b. is hereby amended to read
as foes:
604.5 (1) b. This height limitation shall not apply to grain
elevator lags, cooling towers, water towers,
chimneys and smokestacks, church spires, electric
transmission lines, or private radio or television
towers which exceed the maximum height by less
than twenty (20) feet.
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Section 4. This Ordinance shall
immediately upon its passage and publication.
Adopted by the Otsego City Council
April ' 1991
become effective
this 22nd day of
CITY OF OTSEGO
BY:,
No
Y:No an F. Freske, Mayor