ORD 94-02CERTIFICATION
THE UNDERSIGNED, DULY QUALIFIED AND ACTING CITY CLERK OF THE
CITY OF OTSEGO, MINNESOTA, HEREBY CERTIFIES THAT THE ATTACHED
IS A TRUE AND CORRECTED COPY OF THE ORIGINAL WILD AND SCENIC
ORDINANCE NO. 94-2, (SECTION 74) PASSED BY THE CITY COUNCIL THIS
27TH DAY OF DECEMBER, 1994. AN ORIGINAL DOCUMENT IS ON FILE IN
THE OFFICE OF THE CITY CLERK, CITY OF OTSEGO, MINNESOTA.
Dated: THIS 13TH DAY OF
MARCH, 1995
RETURN TO:
ATTN: Elaine Beatty
City of Otsego
8899 Nashua Ave NE
Elk River MN 55330
$30.50 Inv. #
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REATIONAL RIVER DISTRICT f;v,.
>UBDISTRICT DESIGNATIONS
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SECTION 74*
WSRR, WILD AND SCENIC RECREATIONAL RIVER DISTRICT
SECTION
20-74-1:
20-74-2:
20-74-3:
20-74-4:
20-74-5:
20-74-6:
20-74-7:
20-74-8:
20-74-9:
20-74-10:
20-74-11:
20-74-12:
20-74-13:
20-74-14:
20-74-15:
20-74-16:
20-74-17:
20-74-18:
20-74-19:
20-74-20:
20-74-21:
20-74-22:
Purpose
Designation of District
District Application
Substandard Lots
Permitted Uses
Conditional Uses
Recreational River Land Use
Dimensions, Setbacks,
Requirements
Building Height
Subdistricts - Standards, Lot
and Impervious Surface
Additional Structure and Use Standards
Vegetative Cutting
Clear Cutting Restrictions
Grading and Filling
Utility Transmission Lines
Public Roads
Land Suitability
Non -conforming Uses
Sewage Treatment
Water Supply
Plats
Planned Cluster or Unit Development
Variances
Notification of Proposed Zoning Amendments, Variances
and Inconsistent Plats
20-74-1: PURPOSE AND DEFINITIONS: The purpose of this district is
to protect and preserve the scenic, recreational, natural
and historical values of the Mississippi River in the
City of Otsego by carefully controlling development of
this river corridor consistent with the State Wild and
Scenic River Act and Minnesota Rules 6105.0010-6105.0250,
and 6105.0800-6105.0960.
20-74-2: DESIGNATION OF DISTRICT: In order to preserve and
protect the Mississippi River and its adjacent land which
possess scenic, recreational, natural and historical
values, the Mississippi River in the City of Otsego has
been given a Recreational River classification and lands
adjacent to the river are hereby designated by land use
districts, the boundaries of which are based upon the
Mississippi River Management Plan, Minnesota Rules
6105.0800-6105.0960.
* Amended 27 December 1994, Ord. No. 94-02
CR
i
The boundaries of the Mississippi River WSRR, Wild and
Scenic Recreational River District are shown on the
Otsego Zoning Map which is made part of the Otsego Zoning
Ordinance. In case of conflict between the map and the
property descriptions and boundaries in Minnesota Rules,
Parts 6105.0910 and 6105.0950, the latter shall -prevail.
20-74-3: DISTRICT APPLICATION: The WSRR, Wild and Scenic
Recreational River District shall be applied to and
superimposed as an overlay upon all zoning districts as
contained herein as existing or amended by the Zoning
Ordinance text and official zoning map. The regulations
and requirements imposed by the WSRR District shall be in
addition to those established for the base zoning
districts which jointly apply. Under the joint
application of standards, the more restrictive
requirements shall apply and any person contemplating
development in the WSRR or Wild and Scenic River District
should review the base district requirements with the
Zoning Administrator to determine those which will apply.
20-74-4: SUBSTANDARD LOTS: Any lot of record filed in the Office
of the Wright County Recorder on or before the effective
day of enactment of this Ordinance, which does not meet
the dimensional requirements of this Chapter may be
allowed as a building site subject to the following:
A. Such use is permitted in the land use district(s).
B. The lot was in separate ownership on the date of
enactment of this Ordinance.
C. All sewage disposal requirements are complied with and
lot requirements are complied with to the greatest extent
practical.
D. The lot is at least twenty thousand (20,000) square feet
in area.
E. If in a group of two or more contiguous lots under a
single ownership any individual lot does not meet the lot
width requirements of the local ordinance, such
individual lot cannot be considered as a separate parcel
of land for purposes of sale or development, but must be
combined with adjacent lots under the same ownership so
that the combination of lots will equal one or more
parcels of land each meeting the lot width requirements
of the local ordinance, or to the greatest extent
practical.
380a
WCR
20-74-5: PERMITTED USES: The permitted uses shall be subject to
other more restrictive limitations which may be imposed
by this Chapter. The following relate to permitted uses
in the WSRR District:
A. Within the WSRR District within Sections 10, 11, 13, 14,
and 15, Township 121 North, Range 24 West and Sections 7
and 18, Township 121 North, Range 23 West, (Subdistrict
A) the following are permitted uses:
1. Governmental campgrounds, subject to management
plan specifications.
2. Public accesses, road access type with boat
launching facilities subject to management plan
specifications.
3. Public accesses, trail access type, subject to
management plan specifications.
4. Temporary docks.
5. Other governmental open space recreational uses,
subject to management plan specifications.
6. Agricultural uses.
7. Single family residential uses.
8. Forestry uses.
9. Essential services.
10. Sewage treatment systems.
il. Private roads and minor public streets.
12. Signs approved by federal, state, or local
government which are necessary for public health
and safety and signs indicating areas that are
available or not available for public use.
13. Signs not visible from the river that are not
specified in (12).
14. Governmental resource management for improving fish
and wildlife habitat; wildlife management areas;
nature areas; accessory roads.
If the base zoning is more restrictive, those more
restrictive provisions apply. All uses not listed as
permitted or conditional uses shall not be allowed.
WCR
K
B. Within the WSRR District west of State Highway 101 within
Sections 14, 23, 26, and Government Lot 1 and the East
1/2 of the East 1/2 of the Southeast 1/4 of Section 15,
Township 121 North, Range 23 West and the WSRR District
west of CSAH 42 (formerly CSAH 36) in Section 26,
Township 121 North, Range 23 West, (Subdistrict B) the
following are permitted uses:
1. Those permitted and accessory use designations as
defined and allowed in the base zoning districts
set forth on the Otsego Zoning Map, as amended and
classified as B-1, B-2, B-3, B -W, B -C, I-1, I-2,
INS and PUD, and in Sections 20-62 through 20-70.
These land use districts and uses are in
conformance with the criteria for Urban river class
standards in Minnesota Rules, parts 6120.3100 and
6120.3200.
C. Within the WSRR District within Sections 10, 14, 15, 16,
17, 23, 25, 26,- and 36, Township 121 North, Range 23 West
not listed within B. above, (Subdistrict C) the following
are permitted uses:
1. Those permitted and accessory use designations as
defined and allowed in the base zoning districts
set forth on the Otsego Zoning Map, as amended and
classified as A-1, A-2, R-1, R-2 and PUD, and in
Sections 20-51, 20-52, 20-53, 20-54, and 20-70.
These land use districts and uses are in
conformance with the criteria for Urban river class
standards in Minnesota Rules, parts 6120.3100 and
6120.3200.
20-74-6: CONDITIONAL USES: An application for a conditional use
shall be subject to the standards and criteria and
evaluation procedures specified in Section 4 of this
Chapter and subject to other more restrictive limitations
which may be imposed by this Chapter. The following uses
may be allowed as a conditional use in the WSRR District:
A. Within the WSRR District within Sections 10, 11, 13, 14,
and 15, Township 121 North, Range 24 West and Sections 7
and 18, Township 121 North, Range 23 West, (Subdistrict
A) the following are conditional uses:
1. Private campgrounds, subject to management plan
specifications.
2. Other private open space recreational uses, subject
to management plan specifications.
3. Underground mining that does not involve surface
excavation in the land use district.
380c
WCR
4. Utility transmission power lines and pipelines
subject to the provisions of Section 74-13.
5. Public roads, subject to the provisions in Section
74-14.
If the base zoning is more restrictive, those more
restrictive provisions apply. All uses not listed as
permitted or conditional uses shall not be allowed.
B. Within the WSRR District west of State Highway 101 within
Sections 14, 23, 26, and Government Lot 1 and the East
1/2 of the East 1/2 of the Southeast 1/4 of Section 15,
Township 121 North, Range 23 West and the WSRR District
west of CSAH 42 (formerly CSAH 36) in Section 26,
Township 121 North, Range 23 West, (Subdistrict B) the
following are conditional uses:
1. Those conditional and interim use designations as
defined and allowed in the base zoning districts
set forth on the Otsego Zoning Map, as amended and
classified as B-1, B-2, B-3; B -W, B -C, I-1, I-2,
INS and PUD, and in Sections 20-62 through 20-70.
These land use districts and uses are in
conformance with the criteria for Urban river class
standards in Minnesota Rules, parts 6120.3100 and
6120.3200.
C. Within the WSRR District within Sections 10, 14, 15, 16,
17, 23, 25, 26 and 36, Township 121 North, Range 23 West
not listed within B. above, (Subdistrict C), the
following are conditional uses:
1. Those conditional and interim use designations as
defined and allowed in the base zoning districts
set forth on the Otsego Zoning Map, as amended and
classified as A-1, A-2, R-1, R-2 and PUD, and in
Sections 20-51, 20-52, 20-53, 20-54, and 20-70.
These land use districts and uses are in
conformance with the criteria for Urban river class
standards in Minnesota Rules, parts 6120.3100 and
6120.3200.
D. Structures associated with permitted or conditional uses,
located upon slopes greater than twelve (12) percent,
provided that:
1. The structure is screened from view of the river
and adjacent shorelands in a manner judged
acceptable by the City.
J,Tri
2. An adequate septic system and well can be
established on the site and which, if the use is
approved, shall be subject to applicable provisions
of the City Code.
3. Appropriate erosion control measures are undertaken
as determined necessary by the City.
4. If applicable, vegetative and/or clear cutting
permits are obtained for the proposed use in
accordance with Section 74-10 and 74-11 of this
Chapter.
5. The provisions of Section 4.2.F of this Chapter are
considered and determined to be satisfied.
20-74-7: RECREATIONAL RIVER LAND USE SUBDISTRICTS - STANDARDS, LOT
DIMENSIONS, SETBACKS, AND IMPERVIOUS SURFACE
REQUIREMENTS.
A. Areas Covered. The following areas of the City of Otsego
are covered by this section:
1. All areas of the Wild and Scenic Recreational River
District within the City of Otsego.
B. Underlying Zoning. If more restrictive provisions or
performance standards are set forth in any underlying
zoning district as delineated on the Otsego Zoning Map,
as amended, those more restrictive standards shall apply.
For purposes of this section, the following zoning
districts are defined as follows:,
1. Agricultural -Rural Service Area (A-1) as defined in
the Otsego Zoning Ordinance, Section 51.
2. Agricultural -Long Range Urban Service District (A-
2) as defined in the Otsego Zoning Ordinance,
Section 52.
3. Residential -Long Range Urban Service Area (R-1) as
defined in the Otsego Zoning Ordinance, Section 53.
4. Residential -Immediate Urban Service Area (R-2) as
defined in the Otsego Zoning Ordinance, Section 54.
5. Neighborhood Business District (B-1) as defined in
the Otsego Zoning Ordinance, Section 62.
6. Highway Commercial District (B-2) as defined in the
Otsego Zoning Ordinance, Section 63.
380e
7. General Business District (B-3) as defined in the
Otsego Zoning Ordinance, Section 64.
8. Business -Warehousing District (B -W) as defined in
the Otsego Zoning Ordinance, Section 65.
9. Business Campus District (B -C) as defined in the
Otsego Zoning Ordinance, Section 66.
10. Limited Industrial District (I-1) as defined in the
Otsego Zoning Ordinance, Section 67.
il. General Industrial District (I-2) as defined in the
Otsego Zoning Ordinance, Section 68.
12. Institutional District (INS) as defined in Otsego
Zoning Ordinance, Section 69.
13. Planned Unit Development District (PUD) as defined
in the Otsego Zoning Ordinance, Section 70, and per
the individual agreement required of such zoning.
C. The WSRR District within Sections 10, 11, 13, 14, and 15,
Township 121 North, Range 24 West and Sections 7 and 18,
Township 121 North, Range 23 West, (Subdistrict A) shall
conform to the provisions of Minnesota Rules, parts
6105.0010 to 6105.0250 and the following standards.
Where these standards conflict with the standards of the
base zoning districts, the more restrictive standard
shall prevail.
1. Lot Requirements:
a. Lot area: Not less than
2 1/2 acres
b. Lot width at the water line
and building line: 200 feet
2. Principal Structure Setbacks:
a. Setback from ordinary
high water level of
Mississippi River: 100 feet
b. Bluffline:
30
feet
C. Front Yard:
Setbacks
Setbacks
From
From
Right
Road Class
Centerline of -Way
Lines
State/Federal Highway
130 feet
65
feet
County Road
130 feet
65
feet
Local Road
65 feet
35
feet
380f WCR
Where a lot is located at the intersection of
two (2) or more roads or highways which bound
two (2) or more sides of the lot, no building
shall project beyond the front yard line of
either road.
d. Side Yard: 30 feet
e. Rear Yard: 50 feet
3. Accessory Structure Setbacks: Accessory structure
setbacks as regulated by 16-4 of this Chapter, and
the following additional structure setbacks:
a. Setback from ordinary
high water level of
Mississippi River: 100 feet
b. Bluffline: 30 feet
D. The WSRR District west of State Highway 101 within
Sections 14, 23, 26, and Government Lot 1 and the East
1/2 of the East 1/2 of the Southeast 1/4 of Section 15,
Township 121 North, Range 23 West and the WSRR District
west of CSAR 42 (formerly CSAR 36) in Section 26,
Township 121 North, Range 23 West, (Subdistrict B) shall
conform to the provisions and administrative procedures
of Minnesota Rules, parts 6105.0010 to 6105.0090;
6105.0100, subparts 1 and 2; Urban river class standards
in 6120.3100, 6120.3200, and 6120.3300, subpart 2b;
6120.3300, subparts 7 to 12; 6120.3800; and 6105.0110 to
6105.0250 with the following exceptions to the provisions
of these parts. Where these standards conflict with the
standards of the base zoning districts, the more
restrictive standard shall prevail.
Non-Sewered Sewered
1. Lot Requirements:
a. Lot Area:
Riparian 1 acre 20000 SF
Nonriparian 1 acre 15000 SF
b. Lot width at the water
line and building line: 150 feet 75 feet
2. Principal Structure Setbacks:
a. Setback from ordinary
high water level of
Mississippi River: 100 feet 75 feet
WC'q
Non-Sewered Sewered
b. Bluffline:
30 feet 30 feet
C. Front Yard:
Setbacks
Setbacks
From
From Right
Road Class
Centerline
of -Way Lines
State/Federal Highway
130 feet
65 feet
County Road
130 feet
65 feet
Local Road
65 feet
35 feet
Where a lot is located at the intersection of
two (2) or more roads or highways which bound
two (2) or more sides of the lot, no building
shall project beyond the front yard line of
either road.
Non-Sewered Sewered
d. Side Yard: 30 feet 30 feet
e. Rear Yard: 50 feet 30 feet
3. Accessory Structure Setbacks: Accessory structure
setbacks as regulated by 16-4 of this Chapter, and
the following additional structure setbacks:
Non-sewered Saaez'si
a. Setback from ordinary
high water level of
Mississippi River: 100 feet 75 feet
b. Bluffline: 30 feet 30 feet
4. Impervious Surface Requirements: Impervious
surface coverage requirements in Minnesota Rules,
part 6120.3300, subpart 11B, may be varied without
a variance if all of the following criteria and
standards are met:
a. All structures and impervious surfaces are
located on slopes less than twelve (12)
percent. The physical alteration of slopes
shall not be permitted for the purpose of
overcoming this limitation.
b. The site development is designed, implemented,
and maintained using the most applicable
combination of comprehensive practices that
prevent flooding, pollutant, erosion and
sedimentation problems consistent with
Protecting Water Quality in Urban Areas, Best
Management Practices for Minnesota, Minnesota
WC -9
380h
Pollution Control Agency, October 1989, or as
amended, which is incorporated by reference,
available at the State Law Library and not
subject to frequent change.
C. A site development, maintenance, and
inspection plan incorporating the
comprehensive practices in b, above, is
submitted and approved by the City of Otsego
prior to the issuance of an impervious
surfacing permit and the plan is implemented.
d. An impervious surfacing permit is granted by
the City of Otsego which imposes the
conditions of Section 74.9.A.3 of this
Chapter. The City may impose additional
conditions if determined necessary to protect
the public health, safety, and welfare.
E. The WSRR District within Sections 10, 14, 15, 16, 17, 23,
25, 26 and 36, Township 121 North, Range 23 West not
listed in D. above, (Subdistrict C)', shall conform to the
provisions and administrative procedures listed in item
D with the following exceptions to the provisions of
those parts. Where these standards conflict with the
standards of the base zoning districts, the more
restrictive standard shall prevail.
Non-Sewered Sewered
1. Lot Requirements:
a. Lot Area: 2 1/2 acres 2 1/2 ac
b. Lot width at the water
line and building line: 150 feet 75 feet
2. Principal Structure Setbacks:
a. Setback from ordinary
high water level of
Otsego Creek (Sec. 17)
and Mississippi River: 100 feet 75 feet
b. Bluffline: 30 feet 30 feet
C. Front Yard:
Setbacks Setbacks
From From Right
Road Class Centerline of -Way Lines
State/Federal Highway 130 feet 65 feet
County Road 130 feet 65 feet
Local Road 65 feet 35 feet
3801
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20-74-5:
Cm
B.
Where a lot is located at the intersection of
two (2) or more roads or highways which bound
two (2) or more sides of the lot, no building
shall project beyond the front yard line of
either road.
d. Side Yard:
e. Rear Yard:
Non-Sewered. Sewered
30 feet
50 feet
30 feet
30 feet
3. Accessory Structure Setbacks: Accessory structure
setbacks as regulated by 16-4 of this Chapter, and
the following additional structure setbacks:
Non-sewered SBQrEd
a. Setback from ordinary
high water level of
Otsego Creek (sec. 17)
and Mississippi River: 100 feet 75 feet
b. Bluffline: 30 feet 30 feet
4. Impervious Surface Requirements: Maximum total lot
area covered by impervious surface shall be twenty-
five percent (250) and not subject to variability.
BUILDING HEIGHT: The following minimum requirements
shall be observed in the WSRR District:
The maximum height of principal structures shall not
exceed thirty-five (35) feet.
The maximum height of accessory structures shall not
exceed thirty-five (35) feet.
20-74-9: ADDITIONAL STRUCTURE AND USE STANDARDS:
A. Placement of Structures: Structures shall not be located
on slopes greater than twelve (12) percent except by
conditional use permit as provided for in Section 74-6.D
of this Chapter.
B. Maximum Density: The maximum density in the WSRR
District shall not exceed one dwelling unit per lot.
C. Multiple Unit Dwelling Structures: Subdivisions of
duplexes, triplexes, and quads shall also meet the
following standards:
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380j
1. Each iuilding must be set back at least 200 feet
from the ordinary high water level;
2. Each wilding must have common sewage treatment and
water systems in one location and serve all
dwelling units in the building and;
3. Watercraft docking facilities for each lot must be
centralized in one location and serve all dwelling
units in the building.
D. Storm Water Management. Subject to other more
restrictive limitations which may be imposed by this
Chapter or other Chapters of the City Code, the following
general and specific standards shall apply:
1. General Standards:
a. iben possible, existing natural drainageways,
wetlands, and vegetated soil surfaces shall be
used to convey, store, filter, and retain
storm water runoff before discharge to public
raters.
b. Development shall be planned and conducted in
a manner that will minimize the extent of
disturbed areas, runoff velocities, erosion
potential, and reduce and delay runoff
volumes. Disturbed areas must be stabilized
and protected as soon as possible and
-facilities or methods used to retain sediment
on the site.
C. When development density, topographic
features, and soil and vegetation conditions
are not sufficient to adequately handle storm
nater runoff using natural features and
vegetation, various types of constructed
facilities such as diversions, settling
basins, skimming devices, dikes, waterways,
and ponds may be used. Preference shall be
given to designs using surface drainage,
vegetation, and infiltration rather than
buried pipes and human -made materials and
facilities.
2. Specific Standards:
a. When constructed facilities are used for storm
water management, documentation shall be
provided by a qualified individual that they
are designed and installed consistent with the
field office technical guide of the local soil
and water conservation districts.
380k
040
b. New constructed storm water outfalls to public
waters shall provide for filtering or settling
of suspended solids and skimming of surface
debris before discharge.
E. Special Provisions for Commercial, Industrial,
Public/Semipublic, Agricultural, Forestry and Extractive
Uses and Mining of Metallic Minerals and Peat.
1. Standards for Commercial, Industrial, Public, and
Semipublic Uses.
a. Surface water -oriented commercial uses and
industrial, public, or semipublic uses with
similar needs to have access to and use of
public waters may be located on parcels or
lots with frontage on public waters. Subject
to other more restrictive limitations which
may be imposed by this Chapter, those uses
with- water -oriented needs shall meet the
following standards:
(1) In addition to meeting impervious
coverage limits, setbacks, and other
zoning standards in this Chapter, the
uses shall be designed to incorporate
topographic and vegetative screening of
parking areas and structures;
(2) Uses that require short-term watercraft
mooring for patrons must centralize these
facilities and design them to avoid
obstructions of navigation and to be the
minimum size necessary to meet the need;
and
(3) Uses that depend on patrons arriving by
watercraft may use signs and lighting to
convey needed information to the public,
subject to the following general
standards:
(a) No advertising signs or supporting
facilities for signs may be placed
in or upon public waters. Signs
conveying information or safety
messages may be placed in or on
public waters by a public authority
or under a permit issued by the
county sheriff;
14l0j*
3801
. 4 . ,
(b) Signs may be placed, when necessary,
within the shore impact zone if they
are designed and sized to be the
minimum necessary to convey needed
information. They shall only convey
the location and name of the
establishment and the general types
of goods or services available. The
signs shall not contain other
detailed information such as product
brands and prices, shall not be
located higher than ten feet above
the ground, and shall not exceed 32
square feet in size. If illuminated
by artificial lights, the lights
shall be shielded or directed to
prevent illumination out across
public waters; and
(c) Other outside lighting may be
located within the shore impact zone
or over publid waters if it is used
primarily to illuminate potential
safety hazards and is shielded or
otherwise directed to prevent direct
illumination out across public
waters. This does not preclude use
of navigational lights.
b. Uses without water -oriented needs must be
located on lots or parcels without public
waters frontage, or, if located on lots or
parcels with public waters frontage, must
either be set back double the normal ordinary
high water level setback or be substantially
screened from view from the water by
vegetation or topography, assuming summer,
leaf -on conditions.
2. Agriculture Use Standards.
a. General cultivation farming, grazing,
nurseries, horticulture, truck farming, sod
farming, and wild crop harvesting are
permitted uses if steep slopes and shore and
bluff impact zones are maintained in permanent
vegetation or operated under an approved
conservation plan (Resource Management
Systems) consistent with the field office
technical guides of the local soil and water
conservation districts or the Natural
Resources Conservation Service, as provided by
a qualified individual or agency.
380m
mil
b. The shore impact zone for parcels with
permitted agricultural land uses is equal to a
line parallel to and 50 feet from the ordinary
high water level. The bluff impact zone is
equal to the bluff and land located within 20
feet from a bluffline.
C. Animal feedlots shall meet the requirements of
this Chapter, as well as the following
standards:
(1) New feedlots shall not be located in the
WSRR District; and
(2) Modifications or expansions to existing
feedlots that are located within 300 feet
of the ordinary high water level or
within the bluff impact zone are allowed
if they do not further encroach into the
existing ordinary high water level
setback or encroach on bluff impact
zones.
d. Use of fertilizer, pesticides, or animal
wastes within the WSRR District shall be done
in such a way as to minimize impact on the
shore impact zone or public water by proper
application or use of earth or vegetation.
3. Forest Management Standards.
a. The harvesting of timber and associated
reforestation must be conducted consistent
with the provisions of the Minnesota Nonpoint
Source Pollution Assessment -Forestry and the
provisions of Water Quality in Forest
Management "Best Management Practices in
Minnesota."
b. Use of fertilizer, pesticides, or animal
wastes within the WSRR District shall be done
in such a way as to minimize impact on the
shore impact zone or public water by proper
application or use of earth or vegetation.
4. Extractive Use Standards.
a. Site Development and Restoration Plan. An
extractive use site development and
restoration plan shall be developed, approved,
and followed over the course of operation of
the site. The plan shall address dust, noise,
possible pollutant discharges, hours and
duration of operation, and anticipated
380n
vegetation and topographic alterations. It
must also identify actions to be taken during
operation to mitigate adverse environmental
impacts, particularly erosion, and shall
clearly explain how the site will be
rehabilitated after extractive activities end.
b. Setbacks for Processing Machinery. Processing
machinery shall be located consistent with
setback standards for structures from the
ordinary high water level and from bluff lines.
5. Mining of Metallic Minerals and Peat. Mining of
metallic minerals and peat, as defined in Minnesota
Statutes, sections 93.44 to 93.51, shall be a
permitted use provided the provisions of Minnesota
Statutes, Sections 93.44 to 93.51, are satisfied.
20-74-10: VEGETATIVE CUTTING: Selective cutting of trees in excess
of four (4) inches in diameter at four (4) feet height
within the WSRR District and within one hundred (100)
feet of the ordinary high water level and twenty (20)
feet landward of the bluff line shall be subject to the
following:
A. Clear cutting, except for any authorized public services
such as roads and essential services, shall not be
permitted. Clear cutting for essential services, such as
telephone lines, substations, and related structures,
shall require a special permit issued by the City Council
in accordance with Section 32 of this Chapter.
B. Cutting is spaced in several cutting operations and a
continuous tree cover is maintained, uninterrupted by
large openings. In cases where the existing tree cover
has been interrupted by large openings in the past,
selective cutting may be performed so as to maintain a
continuous tree cover in the remaining wooded areas.
C. The above cutting provisions shall not be deemed to
prevent:
1. The removal of diseased or insect -infested trees,
or of rotten or damaged trees that present safety
hazards.
2. Pruning understory vegetation, shrubs, plants,
bushes, grasses, or from harvesting crops, or
cutting suppressed trees or trees less than four
(4) inches in diameter at four (4) feet height.
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D. Except in cases where vegetative cutting has been
approved as part of a subdivision or other development,
any person proposing vegetative cutting shall apply to
the City for a vegetative cutting permit. Application
forms for the permit shall be provided by the Zoning
Administrator and require the following information:
1. Name and address of applicant.
2. The name and address of the owner of the land.
3. The address and legal description of the land
involved.
4. The purpose of the vegetative cutting.
5. A description of the type and amount of vegetation
to be cut.
6. The highway, street, or streets, or other public
ways in the City upon and along which any material
is to be hauled or carried.
7. An estimate of the time required to complete the
vegetative cutting.
S. A site plan showing the proposed cutting area.
9. A plan or statement demonstrating that the activity
will in no way jeopardize the public health, safety
and welfare.
10. A statement that the applicant will comply with all
conditions prescribed by the City.
20-74-11: CLEAR CUTTING RESTRICTIONS: Clear cutting within the
WSRR District shall be subject to the following standards
and criteria:
A. Clear cutting shall not be used as a cutting method where
soil, slope, or other watershed conditions are fragile
and subject to injury.
B. Clear cutting shall be conducted only where clear cut
blocks, patches, or strips are, in all cases, shaped and
blended with the natural terrain.
C. The size of clear cut blocks, patches, or strips shall be
kept at the minimum necessary.
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D. Where feasible, all clear cuts shall be conducted between
September 15 and May 15. If natural regeneration will
not result in adequate vegetative cover, areas in which
clear cutting is conducted shall be replanted to prevent
erosion and to maintain the aesthetic quality of the
area. Where feasible, replanting shall be performed in
the same Spring or the following Spring.
E. Except in cases where clear cutting has been approved as
part of a subdivision or other development, any person
proposing clear cutting shall apply to the City for a
clear cutting permit. Application forms for the permit
shall be provided by the Zoning Administrator and require
the following information:
1. Name and address of applicant.
2. The name and address of the owner of the land.
3. The address and legal description of the land
involved.
4. The purpose of the clear cutting.
5. A description of the type and amount of clear
cutting to be conducted.
6. The highway, street, or streets, or other public
ways in the City upon and along which any material
is to be hauled or carried.
7. An estimate of the time required to complete the
vegetative cutting.
S. A site plan showing the proposed cutting area.
9. A plan or statement demonstrating that the activity
will in no way jeopardize the public health, safety
and welfare.
10. A statement that the applicant will comply with all
conditions prescribed by the City.
20-74-12: GRADING AND FILLING: Any grading and filling conducted
within the WSRR District shall require a permit and shall
comply with the following:
A. The provisions of Section 24 and/or 25 of this Chapter
are satisfactorily met.
B. Grading and filling of the natural topography which is
not accessory to a permitted or conditional use shall not
be allowed.
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C. Grading and filling of the natural topography which
is accessory to a permitted or conditional use
shall not be conducted without a grading and
filling permit from the zoning authority.
D. Grading and filling of the natural topography which is
accessory to a permitted or conditional use shall be
performed in a manner which minimizes earth moving,
erosion, tree clearing and the destruction of natural
amenities.
E. Grading and filling of the natural topography shall also
meet the following standards.
1. The smallest amount of bare ground is exposed for
as short a time as feasible.
2. Temporary ground cover such as mulch is used and
permanent ground cover such as sod is planted.
3. Methods to prevent erosion and to trap sediment are
employed.
4. Fill is established to accepted engineering
standards.
F. Excavation of material from, or filling in the river, or
construction of any permanent structures or navigational
obstructions therein is prohibited, unless authorized by
a permit from the Commissioner pursuant to Minnesota
Statutes, Section 103G.245.
G. Draining or filling of wetlands as defined by this
Ordinance shall be expressly prohibited.
20-74-13: UTILITY TRANSMISSION LINES: All utility transmission
crossings of land within the WSRR District shall require
a conditional use permit. The construction of such
transmission services shall be subject to the standards
and criteria of Minnesota Rules parts 6105.0170 and
6105.0180.
20-74-14: PUBLIC ROADS: In addition to such permits as may be
required by Minnesota Statutes Section 103G.245, a
conditional use permit shall be required for any
construction or reconstruction of new public roads within
the WSRR District. Such construction or reconstruction
shall be subject to the standards and criteria of
Minnesota Rules 6105.0190 and 6105.0200. A conditional
use permit shall not be required for marginal access
streets which are intended to serve primarily as an
access to abutting properties.
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20-74-15: LAND SUITABILITY: No land shall be subdivided which is
determined by the City of Otsego or the Commissioner to
be unsuitable by reason of flooding, inadequate drainage,
soil and rock formation with severe limitations for
development, severe erosion potential, unfavorable
topography, inadequate water supply or sewage.treatment
capabilities or any other feature likely to be harmful to
the.health, safety, or welfare of the future residents of
the proposed subdivision or the City of Otsego.
20-74-16: NONCONFORMING USES: All uses in existence prior to the
effective date of enactment of the Wild and Scenic
Recreational River District ordinance which are lawfully
permitted uses within the Wild and Scenic Recreational
River District, but do not meet the minimum lot area,
setbacks or other dimensional requirements of this
ordinance shall be allowed to continue subject to the
following conditions and exceptions:
A. Any structural alteration or addition to a nonconforming
use which will increase the substandard dimensions shall
not be allowed.
B. Substandard signs shall be gradually eliminated over a
period of time not to exceed five ( 5 ) years from the date
of enactment or amendment of the Wild and Scenic
Recreational River Ordinance.
20-74-17: SEWAGE TREATMENT:
A. General Provisions:
1. Any premises intended for human occupancy must be
provided with an adequate method of sewage
treatment.
2. Publicly -owned sewer systems must be used where
available.
3. Where public systems are not available, all private
sewage treatment systems must meet or exceed
applicable rules of the Minnesota Department of
Health, the Minnesota Pollution Control Agency,
specifically Chapter 7080 for individual sewage
treatment systems, and any other applicable City
standards.
B. Setbacks: On-site sewage treatment system setbacks from
the ordinary high water level of the Mississippi River
and Otsego Creek must be a minimum of seventy-five (75)
feet.
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C. Nonconforming Sewage Treatment Systems: A nonconforming
sewage treatment system not meeting the requirements of
applicable rules of the Minnesota Department of Health,
the Minnesota Pollution Control Agency, specifically
Chapter 7080 for individual sewage treatment systems, and
any other applicable local government standards,shall be
brought into conformity or discontinued within five (5)
years of the date of enactment of the Wild and Scenic
Recreational River District ordinance.
20-74-18: WATER SUPPLY: Any public or private supply of water for
domestic purposes must meet or exceed standards for water
quality of the Minnesota Department of Health and the
Minnesota Pollution Control Agency and administrative
procedures of this Chapter. Private wells must be
located, constructed, maintained, and sealed in
accordance with or in a more thorough manner than the
Water Well Construction Code of the Minnesota Department
of Health.
20-74-19: PLATS: Copies of all plats within the Wild and Scenic
Recreational River District shall be forwarded to the
Commissioner within ten (10) days of approval by the
City.
Approval of a plat which is inconsistent with this
Section is permissible only if the detrimental impact of
the inconsistency is more than overcome by other
protective characteristics.
20-74-20: PLANNED CLUSTER OR UNIT DEVELOPMENT: A planned cluster
development or planned unit development may be allowed
only when the proposed clustering provides a better means
of preserving agricultural land, open space, woods,
scenic views, wetlands, and other features of the natural
environment than traditional subdivision development.
Smaller lot sizes may be allowed as exceptions to this
ordinance for planned cluster or unit developments
provided:
A. Preliminary plans are approved by the Commissioner prior
to their enactment by the City Council.
B. Central sewage facilities are installed which meet the
standards, criteria, rules or regulations of the
Minnesota Department of Health and the Minnesota
Pollution Control Agency.
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C. Open space is preserved. This may be accomplished
through the use of restrictive deed covenants, public
dedications, granting of scenic easements, or other
equally effective and permanent methods.
D. There is not more than one centralized boat. launching
facility for each cluster.
E. The only uses that shall be allowed within the
development are those allowed in Section 20-74-5 and 20-
74-6 for the applicable geographic subdistrict.
F. For planned cluster or unit developments within the WSRR
District in Sections 10, 14, 15, 16, 17, 23, 25, 26, and
36, Township 121 North, Range 23 West, (Subdistricts B
and C), the provisions of Section 20-71-17 shall be
satisfied.
G. Under the joint application of standards, the more
restrictive provisions of this Chapter shall apply.
20-74-21: VARIANCES: The grant of a variance requires the presence
of the following conditions:
A. The strict enforcement of the land use controls will
result in unnecessary hardship.
B. Granting of the variance is not contrary to the purpose
and intent of this ordinance and is consistent with the
Minnesota Rules, parts 6105.0010-6105.0250 and 6105.0800-
6105.0960.
C. There are exceptional circumstances unique to the subject
property which were not created by the landowner.
D. Granting of the variance will not allow any use which is
neither a permitted or conditional use in the land use
district in which the subject property is located.
D. Granting of the variance will not alter the essential
character of the locality.
F. Exception: Where a setback pattern from the ordinary
high water level has already been established on both
sides of a proposed building site, the setback of the
proposed structure may be allowed to conform to that
pattern. This provision shall apply only to lots which
do not meet the minimum lot width requirements of this
ordinance.
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20-74-22: NOTIFICATION OF PROPOSED ZONING AMENDMENTS, CONDITIONAL
USE PERMITS, VARIANCES, AND INCONSISTENT PLATS:
A. The City Zoning Administrator shall submit to the
Commissioner a copy of any application for a zoning
amendment including proposed changes to district lines,
conditional use permits, variances, and plats which are
inconsistent with the local land use ordinance for
certification. A copy of the notice of any public
hearing, or where a public hearing is not required, a
copy of the application for zoning amendments, variances
and inconsistent plats shall be sent so as to be received
by the Commissioner at least thirty (30) days prior to
such hearing or meeting to consider such action. The
notice of application shall include a copy of the
proposed ordinances or amendment, or a copy of the
proposed inconsistent plat or a description of the
requested variances.
B. The City Zoning Administrator shall notify the
Commissioner of its final decision on the proposed action
within ten (10) days of the decision.
C. The ordinance, variance, or inconsistent plat becomes
effective upon the happening of any of the following
events, whichever first occurs:
1. The final decision taken by the City has previously
received certification of approval from the
Commissioner.
2. The City receives certification of approval after
its final decision.
3. Thirty (30) days have elapsed from the day the
Commissioner received notice of the final decision,
and the City has received from the Commissioner
neither certification of approval nor notice of
non -approval.
4. The Commissioner certifies his approval within
thirty (30) days after conducting a public hearing.
D. In case the Commissioner gives notice of non -approval of
an ordinance, variance, or inconsistent plat, either the
applicant or Zoning Administrator may, within thirty (30)
days of said notice, file with the Commissioner a demand
for hearing. If the demand for hearing is not made
within thirty (30) days, the notice of non -approval
becomes final.
1. The hearing shall be held within sixty (60) days of
the demand and after at least two (2) weeks
published notice.
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2. The hearing shall be conducted in accordance with
Minnesota Statutes 103G.311, Subd. 2, 6 and 7.
3. The Commissioner shall either certify his approval
or disapproval of the proposed action within thirty
(30) days of the hearing.
E. A copy of all notices of any public hearings, or where a
public hearing is not required, a copy of the application
to consider issuance of the conditional use permit shall
be received by the Commissioner at least thirty (30) days
prior to such hearings or meetings to consider issuance
of a conditional use permit. A copy of the decision
shall be forwarded to the Commissioner within ten (10)
days of such action.
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