ORD 96-10CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 96-10
AN ORDINANCE ADDRESSING ANIMAL FEEDLOT OPERATIONS WITHIN THE CITY
OF OTSEGO.
THE CITY COUNCIL OF THE CITY OF OTSEGO HEREBY ORDAINS:
Section 1. Section 20-2-2.F of the Otsego City Code ("Definitions")
is hereby amended to delete the following definition:
Feedlot, Commercial: The place of confined feeding of livestock or
other animals for food, fur, pleasure or resale purposes in yards,
lots, pens building or other areas not normally used for pasture or
crops and in which substantial amounts of manure or related other
wastes may originate by reason of feeding such animals.
Section 2. Section 20-2-2.F of the Otsego City Code (Definitions)
is hereby amended to add the following definitions:
Feedlot Related:
1. Animal Feedlot Permit: A permit issued by the Minnesota
Pollution Control Agency (MPGA) when the potential pollution hazard
will not be corrected within ten (10) months of the date of permit
issuance or when manure is not used as domestic fertilizer. This
permit shall contain such conditions and requirements as the agency
deems necessary in order to insure compliance with applicable state
rules.
1. Animal Unit (AU): A unit of measure used to compare differences
in the production of animal manures that employs as a standard the
amount of manure produced on a regular basis by a slaughter steer
or heifer. For purposes of this Ordinance, the following
equivalents shall apply:
Animal AU Per Animal
One mature dairy cow 1.40
One slaughter steer or heifer 1.00
One horse 1.00
One swine over 55 pounds .40
One duck .20
One sheep .10
One swine under 55 pounds .05
One turkey .018
One chicken .01
For animals not listed above, the number of animal units shall be
defined as the average weight of the animal divided by one thousand
(1,000) pounds.
3. Domestic Fertilizer:
A. Animal manure that is put on or injected into the soil to
improve the quality or quantity of plant growth; or
B. Animal manure that is used as compost, soil conditioners or
specialized plant beds.
4. Earthen Basin: A dike or excavated structure , often lined with
clay or synthetic liner, in which manure is stored. The basin is
emptied at least once each year. It is designed by a professional
engineer or Natural Resources Conservation Service/Soil and Water
Conservation District (NRCS)/(SWCD) technician.
2. Feedlot, Animal: A lot or building or combination of lots and
buildings intended for the confined feeding, breeding, raising, or
holding of animals and specifically designed as a confinement area
in which manure may accumulate, or where the concentration of
animals is such that a vegetative cover cannot be maintained within
the enclosure. For purposes of these parts, open lots used for
feeding and rearing of poultry (poultry ranges) and barns, dairy
farms, swine facilities, beef lots and barns, horse stalls, mink
ranches and zoos, shall be considered to be animal feedlots.
Pastures shall not be considered animal feedlots under these parts,
nor shall any area as above described which contains ten (10)
animal units or less.
3. Feedlot, New Animal: An animal feedlot constructed and operated
at a site where no animal feedlot existed previously or where a
pre-existing animal feedlot has been abandoned or unused for a
period of five (5) years or more.
4. Feedlot Operator: An individual, a corporation, a group of
individuals, a partnership, joint venture, owner or any other
business entity having charge or control of one or more livestock
feedlots, poultry lots or other animal lots.
5. Interim Permit: A permit issued by the MPCA which expires no
later than ten (10) months from the date of issuance.
4. Lagoon: A manure treatment structure, typically earthen. Lagoons
can be aerobic, anaerobic, or facultive depending on their design.
An anaerobic lagoon is different from an earthen storage basin in
that the lagoon is managed for manure treatment. Anaerobic lagoons
are only partially emptied each year whereas earthen storage basins
are emptied once or twice a year.
5. Manure, Animal: The fecal and urinary excretions of livestock
and poultry. Manure can include bedding material and water used for
livestock. Types of manure have descriptive names such as liquid,
slurry and solid. Manure that has a content of more than ninety-six
(96) percent moisture is liquid. Manure with a moisture content
between ninety (90) and ninety-six (96) percent is referred to as
slurry. A moisture content of less than eighty-four (84) percent is
considered solid.
6. Pastures: Areas where grass or other growing plants are used for
grazing and where the concentration of animals is such that a
vegetation cover is maintained during the growing season except in
the immediate vicinity of temporary supplemental feeding or water
devices.
Section 3. Section 20-2-2, F, of the Otsego City Code ("Farm
definition") is hereby amended to read as follows:
Farm: An unplatted tract of land containing approximately ten (10)
acres or more, or two or more abutting parcels under the same
ownership having an area of ten (10) acres, measured from the
centerline of abutting roads, usually with a house and barn and
other buildings, and on which crops are raised as well as livestock
in numbers which do not constitute an animal feedlot, unless the
operation is allowed to keep a larger number of animals pursuant to
rights as specified in Sections 20-15 and 20-38 of this Chapter.
Section 4. Section 20-2-2, F, of the Otsego City Code ("Farming"
definition) is amended to read as follows:
Farming: The process of operating a farm for the growing and
harvesting of crops which shall include those necessary buildings,
related to operating the farm, and the limited keeping of animals
which does not constitute an animal feedlot, unless the operation
is allowed to keep a larger number of animals pursuant to rights as
specified in Sections 20-15 and 20-38 of this Chapter.
Section S. Section 20-26-3 of the Otsego City Code ("Farms") is
hereby amended to read as follows:
ANIMAL FEEDLOTS: Animal Feedlots are prohibited, except for
operations which are allowed to continue operating pursuant to
rights as specified in Sections 20-15 and 20-38 of this Chapter.
Section 6. Section 20-27-4.0 of the Otsego City Code ("Farm Animal
Regulations") is hereby amended to read as follows:
C. Manure application and stockpiling activities shall comply with
the applicable provisions of Section 20-38-8 of this Chapter.
Section 7. Section 20-27-4.E of the Otsego City Code ("Farm Animal
Regulations") is hereby amended to read as follows:
E. All regulations imposed by the Minnesota Pollution Control
Agency (MPCA) relating to the keeping of farm animals shall be
adhered to and animal feedlots shall comply with the applicable
provisions of Section 20-38 of this Chapter.
Section S. Section 20-27-5, D of the Otsego City Code ("Animal
Regulations") is hereby amended to read as follows:
D. Manure and other waste materials shall be removed and
distributed so as to eliminate unsightly odors, insect, and rodent
problems or any condition which operates as a public or private
nuisance. The storage of manure and other waste materials shall be
in compliance with Section 20-38 of this Chapter.
Section 9. Section 38 of the Otsego City Code ("Feedlot
Regulations") is hereby amended to read as follows:
FEEDLOT REGULATIONS
SECTION:
20-38-1 Purpose
20-38-2 Allowed Feedlots
20-38-3 Prohibited Feedlots
20-38-4 Construction of Section 20-15 "Enlargement"
20-38-5 Expansion of Existing Farm Structures: Conditional Use
Permit
20-38-6 Destruction Of Existing Animal Feedlots
20-38-7 Existing Feedlots: Compliance With MPGA Requirements
20-38-8 Odors
20-38-9 Feedlot Setbacks
20-38-10 Manure Stockpile/Application Setbacks
20-38-11 Facility Closure
20-38-12 Abandonment
20-38-1: PURPOSE: The purpose and intent of this Chapter is to
prohibit the establishment of new animal feedlots within the City
of Otsego and to regulate existing feedlot operations within the
City of Otsego in a manner conducive to the health, safety, and
welfare of the citizens of Otsego. These controls are needed due to
the recent incorporation from township status to City status and
the unique location of the municipality in relation to the
Metropolitan Area. These regulations are also necessary to promote
the planning process within the City and to protect the health,
safety, and welfare of the residents of the City as well as to:
A. Establish conditions under which existing animal feedlots within
the City can continue to operate.
B. Prohibit the establishment of new animal feedlots within the
City.
C. To prohibit the expansion of existing animal feedlots to levels
not conducive with the present character of the City.
D. To provide regulations which can be applied in a fair and
equitable nature, but that take into account the inherent fluid
nature of an ongoing farm operations and the difficulty of applying
strict numbers as criteria for control of an ongoing operation.
D. Promote best farm management practices.
E. Protect valuable groundwater and surface water resources.
F. Protect human and animal health.
G. Implement specific policies and provisions of the official City
Comprehensive Plan.
H. Promote compatibility of uses.
I. Promote continuance of agricultural uses, while protecting the
residents from nuisances caused by large, non-traditional, and
intense agricultural uses.
J. Coordinate and assist state agencies in the administration of
state-wide statutes and regulations governing livestock operations.
20-38-2: ALLOWED FEEDLOTS: Those feedlots presently existing within
the City may continue operations as legal nonconforming uses as set
forth in Section 20-15 of this Chapter, and as long as they do not
constitute a potential pollution hazard. Such feedlots may only
continue on the condition that they obtain approval from MPCA, if
necessary.
20-38-3: PROHIBITED FEEDLOTS: No new animal feedlots shall be
established within the City. No existing animal feedlot is allowed
to expand beyond its level of operation at the date of passage of
this ordinance, subject to 20-38-4 of this Section. No operation or
facility established with ten (10) animal units or less may expand
to more than ten (10) animal units.
20-38-4: CONSTRUCTION OF SECTION 20-15: It is understood that by
its nature the raising of animals and farming creates a situation
where there are seasonal, natural, fluctuations in the number of
animals within a facility. It is also understood that to remain
viable a farming operation must have a reasonable ability to
limited expansion. Due to these peculiar circumstances, and only
for purposes of this Section, the phrase "enlarged" contained in
Section 20-15 of this ordinance shall only be construed as an
enlargement of a legally established pre-existing use in the
following circumstances:
1. In a case where a new structure is constructed or is
proposed for construction for the purpose of housing
additional animals.
2. In a case where a lagoon or earthen basin associated with
an increase in animal units is constructed or proposed for
construction.
3. In a case where an existing animal feedlot is not in
compliance with the terms and conditions of an MPCA permit
or Interim Permit.
4. In the case where additional animal units place the
facility in violation of current City Ordinances regarding
the care of animals.
5. Any increase of the total number of animal units in an
existing animal feedlot which raises the cumulative total
of animal units above twice the number present upon the
facility at the date of adoption of this ordinance.
6. Any construction, outside of normal maintenance, which has
the effect of increasing the size of a building used for
the purposes of housing animals which is done without the
Conditional Use Permit required by this Section.
7. Ongoing violations of other City ordinances.
20-38-5: EXPANSION OF EXISTING FARM STRUCTURES, CONDITIONAL USE
PERMIT: An existing animal feedlot, which is fully in compliance
with this Section, which proposes expansion of an existing building
used for the purposes of housing animals, and in order to
facilitate allowed expansion under this Section, shall apply for a
Conditional Use Permit. A Conditional Use Permit shall be issued
provided that:
1. Applicant provide proof that the proposed building
expansion is necessary to provide sufficient room for the
number of animal units to be added, and that the number is
allowable under this ordinance.
2. That the proposed building expansion is the minimum
expansion necessary to adequately house said animals, and
to comply with existing City ordinances.
3. That the expansion is to be done in such a manner as to not
increase the nonconformity, and to minimize the impact on
surrounding properties.
4. The provisions of Section 4.2.F of this Chapter are
considered and determined to be satisfied.
20 -38-6: DESTRUCTION OF EXISTING ANIMAL FEEDLOTS: Notwithstanding
20-15-3, J of this Chapter, any animal feedlot lawfully existing as
a non -conforming use and any structures or buildings lawfully
existing and which are used for the purpose of containing animals
associated with a non -conforming animal feedlot use, which are
destroyed or partially destroyed to the extent of more than fifty
(50) percent of its fair market value, may be restored and the same
use resumed (if such use was lawfully existing as a non -conforming
use prior to such damage and destruction) or any conforming use
established, provided that such reconstruction be completed within
twelve months after the date of such damage or destruction.
20-38-7: COMPLIANCE WITH MPCA REQUIREMENTS: All existing animal
feedlots operating on the date of this ordinance shall continue
operating only in strict compliance with all applicable MPGA rules
and regulations.
20-38-8: ODORS: Existing animal feedlot operations shall take
responsible measures to minimize odors which have the effect of
creating an adverse impact on the environment and quality of life
for the residents of the City.
20-38-9: FEEDLOT SETBACKS: Lawfully established feedlots existing
prior to the effective date of this ordinance may be continued in
the location existing on such date.
20-38-10: MANURE STOCKPILE/APPLICATION SETBACKS: The following
manure stockpile and application setbacks are required for all
existing animal feedlots:
CATEGORY
MANURE APPLICATION
Surface/ Incorporated
Irrigation or Injected
STOCKPILES
Public lake, 300 feet 100 feet -lake 300 feet
river, or 50 feet -
stream river/stream
Public streets 25 feet- 10 feet 25 feet
(as measured surface
from the outer 300 feet -
boundary of the irrigation
right-of-way)
Platted 300 feet- 300 feet 300 feet
Subdivisions surface
1,000 feet -
irrigation
Municipal wells 200 feet 26feet 300 feet
Private wells 200 feet 200 feet 200 feet
Public or 300 feet 100 feet 300 feet
private ditch
Residence other 300 feet- 300 feet 300 feet
than landowner surface
or operator 1,000 feet -
irrigation
20-38-11: FACILITY CLOSURE:
A. Responsible Parties: The landowner, owner and operator of
an existing animal feedlot shall be responsible for the ongoing
management of manure and the final closure of the facility
including the cleaning of buildings and the emptying and proper
disposal of manure from all manure holding facilities.
B. Closure: If an existing feedlot operation ceases operation,
the owner and/or operator shall be responsible for the following:
1. All wastes from the feedlot operation and its waste
control system shall be removed and disposed of on
land or in some other legally permissible manner as
soon as practical, but no more than six (6) months,
and in a manner conducive to the public health,
safety, and welfare.
2. Closure of the operation may be postponed for a period
of twelve (12) months if the property is posted for
sale.
3. Notification to the City that the feedlot operation
has been discontinued, and that the property is in
compliance with this Section of the ordinance.
4. If the property is for sale, notification shall be
given to all potential buyers of the status of the
feedlot use of the property as a legal nonconformity
which must comply with all presently applicable zoning
ordinances if the legal nonconformity is discontinued
for a period of six (6) months, as well as the other
provisions of Section 20-15 of this Chapter.
20-38-12: ABANDONMENT: Owners and operators of animal feedlots,
either at the time of abandonment or after, shall have joint and
several liability for clean up, closure or remediation of abandoned
feedlot sites.
Section 10. Section 20-51-2.A of the Otsego City Code (11A-1
District Permitted Uses") is hereby amended to read as follows:
A. Farms, farmsteads, farming and agricultural related
buildings and structures subject to Minnesota Pollution Control
Standards, but not including animal feedlots or other commercial
operations.
section 11. Section 20-51-5.D, 1,2, and 3 of the Otsego City Code
("A-1 District Conditional Uses- Commercial Feedlots"), is hereby
deleted.
section 12. Section 20-52-2.A of the Otsego City Code (11A-2
District Permitted Uses") is hereby amended to read as follows:
A. Farms, farmsteads, farming and agricultural related
buildings and structures, subject to Minnesota Pollution Control
Standards, but not including animal feedlots or other commercial
operations.
Violations of the ordinance may be enforced by the City through
either a criminal or civil action, pursuant to the existing penalty
provisions contained within the Otsego City Zoning Ordinance.
THIS SUMMARY APPROVED BY THE OTSEGO CITY COUNCIL this 28TH day of
October, 1996.
IN FAVOR: Norman F Freske, Mayor, Larry Fournier, Ron Black, Vern Heidner,
and Suzanne AckerTan, Council Members
OPPOSED:
No One
CITY OF OTSEGO
67YI 0 a""k
N rma Freske, Mayor
4ai�ne Beatty, City Cler
Posted: 10/30/96 - 2 Posting Boards
P0101ished: 11/6/96 Elk River Star NEws
SUMMARY OF ORDINANCE 96-10
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
AN ORDINANCE ADDRESSING ANIMAL FEEDLOT OPERATIONS WITHIN THE CITY
OF OTSEGO-
The following official summary of this ordinance has been approved
by the Otsego City Council as clearly informing the public of the
intent of the ordinance.
INTENT AND EFFECT:
It is the intent and effect of this Amendment to the Otsego Zoning
Ordinance that the establishment of new animal feedlots be
prohibited within the City of Otsego.
It is also the intent and effect of this ordinance amendment that
expansion of existing facilities be prohibited, except as
specifically allowed and to the extent permitted within the
ordinance amendment. The ordinance amendment allows existing
operations to continue operation as legal non -conformities with
additional rights not conferred upon other legal non -conformities
allowing the operations to expand the number of animal units to
twice the number existing upon the facility at the date of
ordinance adoption.
The ordinance also allows existing animal feedlots to repair
buildings damaged to the extent of more than 50% of the market
value of the building, as long as reconstruction is completed
within one year from the date of the occurrence of the damage; and
to make limited additions to structures for the purpose of housing
increased animal units, subject to the terms and conditions of a
conditional use permit.
The ordinance also includes setbacks for manure application for
existing facilities, and regulations for abandonment or closure of
an animal feedlot.
A specific set of definitions have been added to the definition
section of the Otsego zoning ordinance related to Animal Feedlots.
These definitions are generally taken directly from the existing
Minnesota Rules or from State publications on the subject. However,
the City definition of an "animal feedlot" differs from the
Minnesota Rules in that it excludes operations of 10 animal units
or less from the definition of an animal feedlot. These small
operations cannot be expanded to constitute an animal feedlot.
The ordinance also makes minor changes in other provisions of the
zoning ordinance in order to incorporate or harmonize with the
changes made by this ordinance amendment.
Standards, but not including animal feedlots or other commercial
operations.
Section 13. This Ordinance shall become effective immediately upon
its passage and publication.
ADOPTED by the Otsego City Council this 28TH day of
October ,1996.
0
ITY OF OTSEGO
By: .-,r--
Norm n . reske, Mayor
0
nistrator
Aff*dav*tiof Publication
66
SUMMARY OF ORDINANCE . $
96.10 11
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
AN ORDINANCE ADDRESSING
ANIMAL FEEDLOT
OPERATIONS WITHIN THE CI*,
OF OTSEGO '
The following official summary') o,
this ordinance has'been approved by
the Otsego , City Council as cleprly
informing the public of the intent„ o
the ordinance,
INTENT AND EFFEC. "''
T
It is the intent and effect of this
Amendment" to the Otsego Zoning'
Ordinance that the establishment, oR
new animal feedlots be prohtb i All
with the City of Otsego.
It is also the intent and effect Oft 8
ordinance amendment,that expansion
of existing facilities be prohibited,
except as specifically allowed a%n
the extent permitted within the"or`di l
nance amendment. ` The ordinance)
amendment allows existing Lopsra-r
tions to continue operation as legal,
non -conformities with . adwtlo
rights riot ' conferied upon other 1e
non-confo ties' allowing the 60
tions to expand the number of an
unite to twice the number exit
upon the facility at the. date of oal�
nance adoption,
The ordinance also allows existing:
animal feedlots to repair bu*1d1nge
damaged to the extent of in e'than'
50% of the market value of the build
ing, as long as reconstruction is com-
pleted within one year from the date
of the occurrence of the damage;. and
to make limited additions to struc
tures for the purpose of housing
increased animal units, subject to tlie"
terms and conditions of a conditional
use permit,
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COUNTY OF SHERBURNE)
being duly sworn, on oath says that 1i a is the publisher or
authorized agent and employee of the publisher of the newspa.
per known as The Elk River Star News, and has full knowledge
of the facts which are stated below:
(A) The newspaper has complied with all the requirements
constituting qualification as a qualified newspaper, as provided
by Minnesota Statute 331A.02, 331A.07, and other applicable
laws, as amended. Q
(B) The printed _
which is attached was cut from the columns of said newspaper,
and was printed and published once each week, for uc-
cessiveweeks; itwas first ublished on Vednesday, the �4 ,.
day of , 19 �'l6 , and was thereafter
printed and published on every Wednesday to and including
Wednesday, the day of , 19 ;
and printed below is a copy of the lower case alphabet from A to
Z, both inclusive, which is hereby acknowledged as being the size
and kind of type used in the composition and publication of the
notice.
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bsc ibed and sworn to before me on this 0 � day of
19
Notary Publi
RATE INFORMATION
(1) Lowest classified rate paid by
commercial users for comparable
space
(2) Maximum rate allowed by law for
the above matter
(3) Rate actually charged for the
above matter
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