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ITEM 3.5 Amending City CodeOtSTy F O MINNE5OTA g DEPARTMENT INFORMATION Request for City Council Action ;�.ORS.GINATJNG'DEPAj3T(VIENT°. .REQUESTOR �. ,...�, °.... ... ;:'`.::, ::.: - -.:. "MEETINGP/1TE:,�'" Planning City Planner Licht 11 February 2019 PREOTER(s). : REVIEI�Q BY . ; `. ,�: :.. .� ..': .. .. 'ITEIYi #: �.� City Planner Licht City Administrator/Finance Director Flaherty 3.5 — City Code City Attorney MacArthur STRATEGIC VISION X Is a strong organization that is committed to leading the community through innovative communication. Has proactively expanded infrastructure to responsibly provide core services. Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. Is a social community with diverse housing, service options, and employment opportunities. Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS staff recommends adoption of an ordinance amending provisions of the City Code. No I Held by Plannine Commission 4 February 2019 City staff has initiated amendments to the City Code related to development fees, engine braking, on -street parking, and off-street parking requirements: Engine Braking. The Public Works Subcommittee raised the issue of a regulation prohibiting engine braking within the City. The City has discussed such a regulation before but did not implement it based on the equipment being legal for operation of motor vehicles on public streets. However, with existing and planned improvements to minor arterial roadways in the City that include controlled intersections or roundabouts near residential uses, the Public Works Subcommittee directed that a more proactive approach should be taken. City staff drafted a proposed amendment to Title 7, Chapter 1 of the City Code to prohibit engine braking within the City based on input from the Wright County Sheriff's Office, which would be responsible for enforcement. The implementation of the engine braking prohibition will include posting of 18 signs at entry points to the City and at approaches to major intersections where engine braking may be anticipated to be an issue. These locations include the CSAH 39/CSAH 19 intersection, the CSAH 38/CSAH 137 roundabout, and the CSAH 38/Odean Avenue roundabout. City staff is contacting MNDoT to post signs on TH 101 at the entry points to the City, as well as on southbound TH 101 after CSAH 38 and before CSAH 36. The estimated cost to fabricate and install the signs is $810 (18 signs at $45 each). Future signs will also be planned to be installed at the CSAH 38/CSAH 19 roundabout, CSAH 38/MacIver Avenue roundabout, CSAH 38/Quaday Avenue intersection, and any controlled intersections on CSAH 39 between CSAH 42 and Odean Avenue. On -Street Parking. Based on complaints from residents, City staff recommends updating the provisions of Section 7-2-2 of the City Code related to on -street parking requirements. The current City Code includes generalized language prohibiting obstruction of intersections, driveways, fire hydrants, etc. The proposed amendment would provide specific setback distances for on -street parking so as not to cause obstruction and provide a more enforceable regulation. The proposed changes to the on -street parking zones were reviewed by the Public Works Subcommittee and Wright County Sherriff's Office and are recommended for adoption. Development Application Fees. The City has established fees for application for approvals required by the Subdivision Ordinance and Zoning Ordinance intended to ensure that the costs of processing development applications is borne by those making the request. The development fees address costs incurred for City staff, publication of public hearings and ordinances, recording costs, and overhead expenses. The City also charges applicants for costs incurred for planning, engineering, and legal expenses for the review of development applications and administration of approved development plans, permits, and agreements. An escrow is collected at the time a development application is submitted that the City utilizes to pay for these professional services. The property owner is ultimately responsible for all costs incurred by the City related to a development application, whether the request is approved or denied. If invoiced expenses above the initial development application fee and escrow are not paid, the City has the ability to assess the unpaid charges to the property to be paid with property taxes. The Subdivision Ordinance and Zoning Ordinance must be amended to clarify the City's certification of unpaid development application costs in consideration of the case of Great Western Industrial Park, LLC v. Randolph Township, 853 N.W. 2d 155 (Minn. App. 2104). In that case, after Randolph Township denied a conditional use permit application submitted by an applicant and the applicant failed to pay the expenses incurred by the Township in processing the application, the Township passed a resolution under Minnesota Statute 366.012 that certified the expenses to the county auditor as an unpaid service charge to be collected with applicant's property taxes. The Court of Appeals reversed the Township's certification order but indicated that the Township may have had a right to certify the unpaid costs if they had included a provision in their land use ordinance to allow them to certify unpaid planning costs to the applicant's property taxes citing Minnesota Statute 462.353, subd. 4a., which states: A municipality may prescribe fees sufficient to defray the costs incurred by it in reviewing, investigating, and administering an application for an amendment to an official control established pursuant to sections 462.351 to 462.364 [governing municipal planning and development] or an application for a permit or other approval required under an official control established pursuant to those sections. Except as provided in subdivision 4a, fees as prescribed must be by ordinance. Fees must be fair, reasonable, and proportionate and have a nexus to the actual cost of the service for which the fee is imposed. Based on the case of Great Western Industrial Park, LLC v. Randolph Township, City staff has drafted amendments to Section 10-3-6 of the Subdivision Ordinance and Section 11-1-8 of the Zoning Ordinance. These identical provisions more clearly outline the City's established pass-through cost structure for processing development applications. The proposed amendments also include a specific citation of Minnesota Statute § 462.353, subd. 4a related to the property owner's responsibility for unpaid charges. Off -Street Parking. City staff has undertaken a comprehensive revision of Chapter 21 of the Zoning Ordinance regulating off-street parking. The purpose of these revisions is to: ■ The Zoning Ordinance prohibits parking of vehicles with a gross vehicle weight of 12,000 pounds or more on residential properties. The intent of this provision is to prevent commercial vehicle parking in residential areas. However, the 12,000 -pound gross vehicle weight reference is out of date as many heavy-duty trucks used as passenger vehicles exceed this capacity. A more current reference is to utilize the truck classifications established by the United States Department of Transportation Federal Highway Administration. A chart illustrating the truck classifications and representative vehicles is attached for reference. The proposed amendment would prohibit parking Class 4 or larger vehicles. Parking of recreational vehicles is allowed to occur in the front yard upon a driveway. Recreational vehicles may also be stored within the side or rear yard upon grass or other surface. Parking of recreational vehicles is regulated in both Section 18 (accessory uses) and Chapter 21 (off-street parking). The proposed amendment eliminates the storage provisions related to recreational vehicles from Chapter 21 of the Zoning Ordinance to avoid overlapping regulations. City staff has encountered interpretation issues related to off-street parking and storage of semi - tractor trailers and shipping containers. City staff proposes to include provisions in Chapter 18 of the Zoning Ordinance regulating off-street parking of semi -tractor trailers and storage of shipping containers to address this and provide more defined regulations in one location of the City Code. The draft amendment also includes provisions making parking of semi -tractor trailers and storage of shipping containers an accessory use within industrial and institutional districts. Making parking of semi -tractor trailers and storage of shipping containers an allowed use only within industrial districts makes such activity prohibited in other Zoning Districts. ■ The draft amendment includes new provisions regulating the location of driveways based on the functional classification of streets to minimize potential to interference with through traffic by property access. Off-street parking requirements have been reviewed and updated in accordance with Institute of Transportation Engineers parking generation studies and current development demand. Chapter 21 has been comprehensively reorganized to improve accessibility and clarity of the requirements and standards. The Planning Commission held a public hearing at their meeting on 4 February 2019 to consider the proposed amendments related to development fees and off-street parking requirements. There were no public comments. The Planning Commission discussed the implementation of provisions limiting off-street parking on residential properties to vehicles smaller than a Class 4 rating (which would be a heavy-duty pickup or smaller) and agreed with the intent of the provision to maintain neighborhood compatibility and prevent damage to City streets. The Planning Commission voted 6-0 to recommend approval of the Zoning and Subdivision Ordinance amendments. ■ Draft Ordinance 2019-04 ■ Summary of Ordinance 2019-04 ■ Map of Proposed Engine Braking Signs POSSIBLE MOTION P AS��NlJ2p.N�;OTIONASYOU.WOUL5LIKE_IfdAPPEAR"N:TH MINl1T �;' Motion to adopt Ordinance 2019-04 amending the City Code for provisions related to development application fees, motor vehicle operations, on street parking,'and off-street parking, and to approve publication in summary form. BUDGET INFORMATION .BUDGETED:'; N/A ORDINANCE NO.: 2019-04 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF OTSEGO. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 3-1-2.0 of the City Code is hereby amended to include the following provision: C. Development applications: Sec. 10-3-6 and Sec. 11-1-8 i Section 2. Title 7, Chapter 1 of the City Code (Unreasonable Acceleration and Erratic Driving) is hereby amended to read as follows: Chapter I TIC DRAWN MOTOR VEHICLE OPERATION 7-1-1: UNREASONABLE ACCELERATION: 7-1-2: ERRATIC DRIVING: 7-1-3: ENGINE BRAKING: 7-1-34: PETTY MISDEMEANOR VIOLATION; PENALTIES: 7-1-1: UNREASONABLE ACCELERATION: A. Definition: Unreasonable acceleration of a motor vehicle is hereby defined as acceleration which unnecessarily breaks the traction between a tire or tires of a motor vehicle and the driving surface, thereby causing squealing or screeching sounds by the motor vehicle's tire or tires or the unnecessary throwing of sand or gravel by the tires of said vehicle, or both. B. Prohibitions: No person shall start or accelerate any motor vehicle with an unnecessary exhibition of speed on any public highway, street, road, parking lot, alley, or other public property, or upon any private street or road freely used by the general public. 7-1-2: ERRATIC DRIVING: No person shall drive a motor vehicle on a public highway, street, road, parking lot, alley or other public property, or upon a private street or road freely used by the general public, in an erratic or irregular manner and changing speeds so as to create a hazard to himself ef themselves or other persons or property or so as to interfere with other traffic in the area. 7-1-3• ENGINE BRAKING: It shall be unlawful within the city for the driver of any vehicle to use or operate or cause to be used or operated any engine brake compression brake or mechanical exhaust device designed to aid in the braking or deceleration of any vehicle which results in the excessive loud unusual or explosive noise from such vehicle. 7-1-34: PETTY MISDEMEANOR VIOLATION; PENALTIES: Any person found guilty of violating any provision of this chapter shall be guilty of a petty misdemeanor and, upon conviction thereof, shall be punishable by a fine not to exceed the maximum fine for a petty misdemeanor provided for by State law, plus costs of prosecution. Section 3. Section 7-2-2.E of the City Code (On Street Parking Regulations — General Parking Prohibitions) is hereby amended to include the following provision and renumber subsequent sections accordingly: E No vehicle shall be parked permitted to stand or obstruct any street or public right-of-way within the city in any of the following places: 1. Within twenty (20) feet of an intersection; 2 Greater than five (5) feet from the curb or edge of a street unless legally designated and no portion of a parked vehicle may extend beyond ten (10) feet from the curb or edge of street; 3 In a location that is not parallel to the curb or edge of street, unless legally designated. 4 On a sidewalk trail or crosswalk; 5 In front of or within five (5) feet of a public or private driveway on the same side of the street; 6. Within ten (10) feet of a fire hydrant - 7. Within ten (10) feet of a mailbox. 8 Those areas as specified by Minnesota Statutes 169.34. Section 4. Section 10-3-6 of the Subdivision Ordinance is hereby amended to read as follows: 10-3-6: FEES, CHARGES, AND EXPENSES: A. Fees and charges, as well as expenses incurred by the City for engineering, planning, attorney, and other services related to the processing of applications required by this title, as well as for public hearings special meetings or other such City Council or Planning Commission actions as are necessary to process applications, shall be as set out in section 3-1-2 of this Code. and B Escrow: An escrow deposit required in section 3-1-2 of this code the shall be used for payment of all costs incurred for City in the processing of an application required by this title: 1 All costs incurred for City staff and consultants directly related to processing of an application required by this title including preparation of reports or studies, attendance at staff or public meeting_ s and any other expenses incurred with processing of an application. 2 The property owner shall reimburse the escrow account for any deficits caused if the amount actually expended by or billed to the City- exceeds the fund balance. 3 The City shall refund any amount deposited in the escrow account not expended within sixty (60) calendar days after final action on the apnlication. BC. Sueh—Fees, charges, and estimated expenses for the processing of a development application required by this title " as a deposit, if so required by the Zoning ^ ,1,, mist...,+,,) shall be collected prior to City action on any application The fees shall be deposited in City accounts. The applicant shall not be paid interest on the fees required by this section. ^" >, appl ^.,+;, ns shall appheant is not the same per -son or entity as the lafldownef, both the landowner and the applie most sign the agfeemePA) whereby the appReant/landow-ner agrees tE) pa), all appheable e +1, Cit to assess the above Fes ,.har-ges u�v ++1, landowner if such r:' onli.,., ... + paid withinthirty i3 m days a ftef ., bill ; sent to the applioaiWiandownen D All fees and expenses incurred by the City are to be paid whether the application is approved or denied. E The owner of the property subject to the application required by this title shall be responsible for all costs incurred by the City in processing said application and enforcing the terms of any agreements relating to the application in accordance with Minnesota Statues Chapter 462.353. Subd. 4a. F. Unpaid expenses: 1 All unpaid expenses incurred by the City under the City Code not covered by the escrow will be charged against the property subject to the application and will be the responsibility of the property owner pursuant to Minnesota Statutes Chapter 462 353. 2 The property owner shall be invoiced for the City's costs to where property tax IN MORON B Escrow: An escrow deposit required in section 3-1-2 of this code the shall be used for payment of all costs incurred for City in the processing of an application required by this title: 1 All costs incurred for City staff and consultants directly related to processing of an application required by this title including preparation of reports or studies, attendance at staff or public meeting_ s and any other expenses incurred with processing of an application. 2 The property owner shall reimburse the escrow account for any deficits caused if the amount actually expended by or billed to the City- exceeds the fund balance. 3 The City shall refund any amount deposited in the escrow account not expended within sixty (60) calendar days after final action on the apnlication. BC. Sueh—Fees, charges, and estimated expenses for the processing of a development application required by this title " as a deposit, if so required by the Zoning ^ ,1,, mist...,+,,) shall be collected prior to City action on any application The fees shall be deposited in City accounts. The applicant shall not be paid interest on the fees required by this section. ^" >, appl ^.,+;, ns shall appheant is not the same per -son or entity as the lafldownef, both the landowner and the applie most sign the agfeemePA) whereby the appReant/landow-ner agrees tE) pa), all appheable e +1, Cit to assess the above Fes ,.har-ges u�v ++1, landowner if such r:' onli.,., ... + paid withinthirty i3 m days a ftef ., bill ; sent to the applioaiWiandownen D All fees and expenses incurred by the City are to be paid whether the application is approved or denied. E The owner of the property subject to the application required by this title shall be responsible for all costs incurred by the City in processing said application and enforcing the terms of any agreements relating to the application in accordance with Minnesota Statues Chapter 462.353. Subd. 4a. F. Unpaid expenses: 1 All unpaid expenses incurred by the City under the City Code not covered by the escrow will be charged against the property subject to the application and will be the responsibility of the property owner pursuant to Minnesota Statutes Chapter 462 353. 2 The property owner shall be invoiced for the City's costs to where property tax statements are sent by the County to be paid within thirty (30) days of the date of the invoice. 3 Should the property owner not reimburse the City as required by this section, the City shall be authorized to certify said um•eimbursed costs plus interest to the County Auditor for payment with the property owner's property taxes with interest and said certified amounts shall constitute a lien against the property that shall be collected and enforced in the same manner as general property taxes pursuant to Minnesota Statutes Chapter 429.81. Section 5. Section 11-1-8 of the Zoning Ordinance is hereby amended to read as follows: 11-1-8: SCHEDULE 0 FEES, CHARGES, AND EXPENSES: A. Fees and charges, as well as expenses incurred by the City for engineering, planning, attorney, and other services related to the processing of applications required by this title, as well as for public hearings, special meetings, or other such City Council or Planning Commission actions as are necessary to process applications shall be as set out in section 3-1-2 of this Code. and appeals,eelleeted by the Zoning Administr-ater for deposit in the Gity's aeeounts. Fees shall be established for building permits, eenditional use permits, zetting amendments, N,arianees, planned ti > > > systems, essential > plans, loading plans, and stieh other land use related pfoeedures as the Gouneil May from time to time establish. The Getineil may also establish eharges faf publie hearings, speeial meetiiigs,--ef B Escrow: An escrow deposit required in section 3-1-2 of this code the shall be used for payment of all costs incurred for City in the processing of an application required by this title: 1 All costs incurred for City staff and consultants directly related to processing of an application required by this title including preparation of reports or studies attendance at staff or public meeting_ s and any other expenses incurred with processing of an application. 2 The property owner shall reimburse the escrow account for any deficits caused if the amount actually expended by or billed to the City exceeds the fund balance. 3 The City shall refund any amount deposited in the escrow account not expended within sixty (601 calendar days after final action on the application. BC. Fees, charges, and estimated expenses for the processing of a development annlication required by this title (s well as _ .'+ i f e by the o Administrator-) .� ng � ,�: nrnrs�.�� shall be collected prior to City action on any application Thefeesshall be deposited in City accounts. The applicant shall not be paid interest on the fees required by this section. A 1 .,,,^r,-ppljeafionS Sr,�rr D All fees and expenses incurred by the City are to be paid whether the application is approved or denied. E The owner of the property subject to the application required by this title shall be responsible for all costs incurred by the City in processing said application and enforcing the terms of any agreements relating to the application in accordance with Minnesota Statues Chapter 462.353. Subd. 4a. F. Unpaid expenses: 1 All unpaid expenses incurred by the City under the City Code not covered by the escrow will be charged against the property subject to the application and will be the responsibility of the property owner pursuant to Minnesota Statutes Chapter 462,353. 2 The property owner shall be invoiced for the City's costs to where property tax statements are sent by the County to be paid within thirty (30) days of the date of the invoice. 3 Should the property owner not reimburse the City as required by this section, the City shall be authorized to certify said unreimbursed costs plus interest to the County Auditor for payment with the property owner's property taxes with interest and said certified amounts shall constitute a lien against the property that shall be collected and enforced in the same manner as general property taxes pursuant to Minnesota Statutes Chapter 429.81. Section 6. Section 11-18-3 of the City Code is hereby amended to insert the following provisions with existing sections renumbered accordingly: B. Semitractor Trailers and Land/Sea Containers: Certification: All semitractor trailers with a Minnesota license plate shall be certified by the state and shall display a current inspection certification decal issued in accordance with Minnesota statutes section 169.78. b. All semitractor trailers with out of state license plates shall produce upon request proof that the vehicle complies with federal motor vehicle inspection requirements for vehicles in interstate commerce as provided under 49 CFR section 396.17. follows: 2. Location: a. Land/sea containers shall not be stored and semitractor trailers shall not be parked in the required front yard setback area or in a required side yard setback area abutting a residential district or right-of-way of a collector or arterial street as defined by the Comprehensive Plan. b. Outdoor storage of land/sea containers and parking of semitractor trailers shall not be allowed on required parking spaces. Surface: All semitractor trailers shall be parked on a concrete or bituminous surface. Land/sea containers used for outdoor storage shall be placed upon a concrete, bituminous, crushed rock, or crushed concrete surface. Section 7. Title 11, Chapter 21 of the Zoning Ordinance is hereby amended to read as Chapter 21 OFF STREET PARKING 11-21-1: PURPOSE: 11-21-2: APPLICATION: 11-21-3: SITE PLAN DRAWING REQUIRED: 11-21-4: GENERAL PROVISIONS: 11-21-5: LOCATION: 11-21-6: STREET ACCESS: 11-21-7: STALL AND AISLE DESIGN: 11-21-8: NUMBER OF REQUIRED STALLS: 11-21-9: PARKING DEFERMENT: 11-21-10: JOINT FACILITIES: 11-21-11: OFF SITE PARKING: 11-21-1: PURPOSE: The purpose of this chapter is to alleviate or prevent congestion of the public right-of-way and to promote the safety and general welfare of the public by establishing minimum requirements for off street parking of motor vehicles in accordance with the utilization of various parcels of land or structures. 11-21-2: APPLICATION: The regulations and requirements set forth herein shall apply to all off street parking facilities in all of the zoning districts of the City. I1-21-3: SITE PLAN DRAWING REQUIRED: All applications for a building or an occupancy permit in all zoning districts shall be accompanied by a site plan drawn to scale and dimension indicating the location of off street parking stalls and loading stalls in compliance with the requirements set forth in 0 this chapter and chapter 22 of this title. All site plans for single-family homes must provide for the location of a two (2) stall garage in compliance with this title, whether or not construction is intended. 11-21-4: GENERAL PROVISIONS: A. Floor Area: The term "floor area", for the purpose of calculating the number of off street parking stalls required, shall be determined on the basis of the exterior floor area dimensions of the buildings, structures or use times the number of floors, minus ten percent (10%), except as may hereinafter be provided or modified. B. Reduction Of Existing Off Street Parking Stall Or Lot Area: Off street parking stalls and loading stalls or lot area existing upon the effective date hereof shall not be reduced in number or size, unless said number or size exceeds the requirements set forth herein for a similar new use. C. Change Of Use Or Occupancy Of Land: No change of use or occupancy of land already dedicated to parking stalls, driveways, or loading stalls shall be made, nor shall any sale of land, division or subdivision of land be made which reduces area necessary for parking, parking stalls, or parking requirements below the minimum prescribed by this chapter. D Change Of Use Or Occupancy Of Buildings: Any change of use or occupancy of any building or buildings, including additions thereto, requiring more parking area shall not be permitted until there is furnished such additional parking stalls as required by this chapter. E. Residential Use Parking: 1. Off street parking facilities accessory to a residential use shall be utilized solely for the parking of licensed and operable passenger automobiles, vans, and trucks rated as Class 3 (14,000 pounds gross vehicle weight) or smaller; off street parking of vehicles Class 4 (14,001 pound gross vehicle weight) or larger is prohibited. 2. Off-street parking and storage of recreational vehicles and equipment shall be as allowed in accordance with Section 11-18-3.A.2 of this title. F. Calculating Stalls: When determining the number of off street parking stalls results in a fraction, each fraction shall constitute another stall. 2. In stadiums, sports arenas, churches and other places of public assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each eighteen inches (18") of linear seating shall be counted as one (1) seat for the purpose of determining requirements. 7 3. Except as provided under joint parking and shopping centers, should a structure contain two (2) or more types of use, the sum of each shall be calculated separately and shall be used for determining the total off street parking stalls required. G. Disability Accessible Parking: Disability accessible parking stalls and pedestrian access shall be provided as applicable pursuant to the Americans with Disabilities Act, as may be amended. H. Maintenance. It shall be the joint responsibility of the lessee and owner of the principal use, uses or buildings to maintain in a neat and adequate manner, the parking stall, drive aisles, striping, landscaping, and required screening. L Prohibited Use. Required accessory off street parking stalls in any district shall not be utilized for open storage, sale or rental of goods, repair work, storage of inoperable vehicles, and/or storage of snow. 11-21-5: LOCATION: All accessory off street parking facilities as required by this chapter shall be located and restricted as follows: A. Required accessory off street parking shall be on the same lot under the same ownership as the principal use being served, except under the provisions of sections 11-21-10 and 11 -2 1 -11 of this chapter. B. Setbacks: Except for single family, two-family and townhouse dwellings, there shall be no off street parking within fifteen feet (15') of any public right-of-way. 2. Off-street parking areas shall be setback a minimum of five feet (5') from interior side and rear lot lines. C. Required accessory off street parking shall not be provided in required front yards or in required side yards in the case of corner lots, in agricultural and residential zoning districts. D. Single and Two Family Dwellings: Required off street parking areas for single family and two-family uses shall be in the rear yard, side yards other than a required side yard, garage, or carport, and upon a defined driveway. Parking stall in excess of that specifically required by this chapter may be located in an area not to exceed twelve feet (12') in width abutting the driveway or garage on one side only away from the principal building in the front yard. 11-21-6: STREET ACCESS: A. Street Access Required: All off street parking facilities shall be designed and constructed with appropriate means of vehicular access to a public street. Each lot shall have access directly onto an abutting, improved and City accepted public street, except as may be allowed as a conditional use pursuant to chapter 4 of this title. B. Street Access Spacing: a Multiple 125 ft. 125 ft. 220 ft. 220 ft. 220 ft. 200 ft.2 commercial 4. Minor arterial: :F a. Residential NP , NP— � NP � �,,' F NP M' b. Individual NP NP NP 660 ft. 660 ft. ; 230 ft.2 multiple family, commercial, r �� industrial, or I institutional C. Multiple NP NP NP 660 ft. 660 ft. 230 ft.2 commercial z I 5. Principal arterial NP NP : FNP 1 P NP NP Notes: NP = Not permitted I The setback measurement shall be measured from the edge of the street right of way to the nearest edge of the curb cut. Site access shall not be permitted within right turn lanes or taper areas of a street. 2 Driveways onto arterials and major collectors shall be prohibited where alternative street access is available. For existing lots of record, where alternative access is not available, direct access onto arterial and major collectors may be permitted, provided a site plan is submitted for review and approval of the city engineer or the city traffic consultant. C. Street Access Width: 1. Single-family, two-family, and townhouse dwelling units: The maximum width of an access within the right-of-way onto any public street shall not exceed thirty feet (30'), as defined by the Engineering Manual. 2. Other uses: The maximum width of an access within the right-of-way onto any public street shall not exceed twenty four feet (24'), as defined by the Engineering Manual, except as may be approved by the City Engineer in the case of traffic circulation needs. D. Number of Street Accesses: 1. All property shall be entitled to one (1) access from a public street. 2. Multiple family, commercial, industrial, and institutional, uses shall be allowed one (1) access from each one hundred twenty five feet (125') of street frontage, subject to approval of the City Engineer. 10 3. Townhouse and two-family uses shall be allowed one (1) access per dwelling unit. 4. Single-family residential uses shall be limited to one (1) access per property, except as follows: a. Lots within the A-1 or A-2 District shall be allowed two (2) accesses per property by administrative permit; provided, that: (1) The lot shall have an area of five (5) acres or greater. (2) The lot shall have a minimum frontage of two hundred fifty feet (250') to a public street with a rural section design (no curb). (3) The location of all access points shall be subject to approval of the City Engineer. b. Lots within the R -C, R-1, R-2, and R-3 Districts shall be allowed two (2) accesses per property by administrative permit; provided, that: (1) There is a demonstrated need for more than one lot access due to physical site constraints (soils, steep slopes, significant vegetation, ponds or wetlands) or the location of existing principal buildings. (2) The lot shall have a minimum of one hundred fifty feet (150') of frontage to a public street. (3) The location of all access points shall be subject to approval of the City Engineer. C. Lots within all other districts or those not meeting the requirements for an administrative permit outlined in Sections 11-21-6.D.4.a and b of this section shall be allowed not more than two (2) accesses per property by conditional use permit; provided, that: (1) There is a demonstrated need for more than one lot access due to physical site constraints (soils, steep slopes, significant vegetation, ponds or wetlands) or the location of existing principal buildings. (2) The location of all access points shall be subject to compliance with subsection H7 of this section and approval of the City Engineer and the County Engineer when applicable. (3) The design of the lot access shall conform to the specifications established by the Engineering Manual. 11 d. A lot having access from two (2) public streets (in the case of a corner lot or double frontage lot) may incur additional costs related to street improvement projects benefiting the property. E. Side Yard Setback: Except with special approval from the Zoning Administrator, curb cut openings shall be a minimum of five feet (5') from the side yard property line in all districts. 11-21-7: STALL AND AISLE DESIGN: A. Parking Stall Size: Except for parking stalls for persons with physical disabilities, each parking stall shall not be less than nine feet (9') wide and eighteen feet (18') in length exclusive of access aisles, and each stall shall be served adequately by access aisles. B. Lot Design: Except in the case of single-family, two-family, and townhouse dwellings, parking areas and their aisles shall be developed in compliance with the standards on the parking lot dimension table below. PARKING LOT DIMENSIONS TABLE Angle Of Parking Stall Width Curb Length Per Car IF Stall Depth Aisle Width 00 8'6" 23'0" 8'6" 1 !F 'F 9'0" 23'0" 9'0" 9'6" 23'0" �F 9'6" ;F 10,0" �� 23 0" 10'0" 12'0" F12'0" 12'0" 12'0" 200 8'6" 24'11" 146' 26'4" 15'0" 9'0" ;F 9'6" 27'10" 15'6" 10'0" 29'3" 15'11" 11'0" 11'0" 11'0" 11'0" 300 8'6" 170" 6'11" 9'0" 18'0" 1T4" 9'6" 19'0" 17'10" iF i 10'0" 20'0" 18'3" 11'0" 11'0" 11'0" F_11'0" 400 8'6" 13'3" �8'9" � 9'0" 14'0" 19'2" 9'6" j 14'10" j 19'6" 12'0" 12'0" 12'0" 12 50° 70° 80° M 10'0" 15'8" 19'11" �12'0" 8'6" 12'0" 19'5 13'6" 13'6" 9'0" 12'9" 19'10" 13'0" 9'6"� 13'5" � 20'2" 13'0" 10'0" 14'2" 20'6" 13'0" IF 8'6" 11'2" 20'0" 12'6" 9'0" 119 20'5" 12'0" 9'6" 12'5" 20'9" 12'0" 10'0 13'2" !F 21'0" 12'0" 8'6" 9'l 0 20'9" 18'6" 9,0„ l�V" ��5�� 1'0" 180�� I� II J` 9'6" 11'0" ' 21'3" ; 18'0" ^ 10'0" 11'6" �l'6" 18'0" 8'6" 9'0" 20'10" 19'6 9'0" 9'8" 21'0" 1910 9 0' �9'6" 10'2" 21'3" 18'6" ; 10'0" 10'8" 21'3" 18'0" 8'6" ;� 818" 20'3" 24'0" 9'0" 9'2" 20'4" 24'0" 9'6" �9'8" 'F 20'5" 24'0" i 10'0" ';� 10'3" 20'6" 24'0" 8'6" �g6�� 20'0" it `4�0�� 9'0"-9'0" I� 20'0" 22'0" 9'6" 9'6" 20'0"F 22'0" 1010" 10'0" � 20'0 1� 22'0" Note: This table pertains to a wall to wall situation. In calculating dimensions, 2 feet may be subtracted from each stall depth for each overhang and overlap. No subtraction for overlap is allowed for angles greater than 60 degrees. 13 C. Surfacing: 1. Farmsteads, farming operations, detached single-family residential uses in unplatted areas not accessed from a paved public street, and City of Otsego essential service or park uses within the INS District shall have driveways and parking areas surfaced with materials suitable to control dust and drainage. 2. All other uses shall have driveways and parking stalls surfaced with asphalt, concrete, cobblestone, or paving brick. For industrial uses that experience frequent heavy equipment utilization, which could be expected to destroy or damage required surfacing materials, an exemption to the surfacing requirements may be allowed by an interim use permit pursuant to chapter 5 of this title, provided, that: a. General public and employee access driveways and parking areas shall not be included in the exemption. b. At such time as the presence of heavy equipment is reduced or eliminated, the surfacing of exempted areas shall be completed in compliance with this title. All other performance standards related to parking and driveways shall be met. D. Curbing: Except for agricultural uses; single-family, two-family and townhouses dwellings; and City of Otsego essential set -vice or park uses within the INS Zoning District, all open, off street parking shall have a continuous six inch (6") high back concrete perimeter curb barrier around the entire parking lot. E. Grading: The grade elevation of any parking area or driveways shall not exceed a. Single family, two family and townhouses: ten percent (10%) b. All other uses: four percent (4%). 2. Plans for surfacing and drainage of driveways and stalls for parking areas of five (5) or more vehicles shall be submitted to the City Engineer for review, and the final drainage plan shall be subject to written approval. G. Striping: Except for single-family, two-family and townhouses dwellings, all parking stalls shall be marked with white or yellow painted lines not less than four inches (4") wide. 14 H. Pedestrian Provision: All off street parking areas shall be designed with due regard to pedestrian circulation. Off street parking areas shall be designed such that vehicle and pedestrian circulation is accommodated in a safe, complementary and orderly fashion. When curb separated sidewalks are provided at the head of parking stalls, the minimum width shall be five feet (5'). L Snow Storage: Adequate area for snow storage shall be provided on the site so as not to reduce the required minimum number of parking stalls. In those cases where excessive snow cannot be properly stored on site, it shall be immediately removed from the site. Lighting: Any lighting used to illuminate an off street parking area shall be hooded and so arranged as to reflect the light away from adjoining property, abutting residential uses, and public rights-of-way, and shall be in compliance with section 11-16-6 of this title. K. Signs: No sign shall be so located as to restrict the sight lines and orderly operation and traffic movement within any parking lot or driveway. All signs shall be in conformance with chapter 37 of this title. L. Required Screening: All open off street parking areas of five (5) or more stalls shall be screened and landscaped from abutting or surrounding residential districts and uses, and the public right- of-way in compliance with section 11-19-3 of this title. M. Lot Circulation: Except in the case of single-family, two-family, and townhouse dwellings, parking areas shall be designed so that circulation between parking bays or aisles occurs within the designated parking lot and does not depend upon a public street or alley. Except in the case of single-family, two-family, and townhouse dwellings, parking area design which requires backing into the public street is prohibited. 2. In the case of single-family, two-family, and townhouse, dwellings that front on streets designated as collector, minor arterial, or principal arterial by the Comprehensive Plan, the installation of a vehicle turnaround area, immediately adjacent to the access driveway is allowed and may be required by the Zoning Administrator. Said area is to be no larger than ten feet (10') wide and ten feet (10') in length. Where possible, said area shall be located away from the principal structure and shall be no closer than twenty feet (20') from the street surface. Said stall shall not be utilized for parking or storage purposes. N. Within Structures: The off street parking requirements may be furnished by providing a stall so designed within the principal building or one structure attached thereto; however, unless provisions are made, no building permit shall be issued to convert said parking structure into a dwelling unit or living area or other activity until other adequate provisions are made to comply with the required off street parking provisions of this chapter. M 11-21-8: NUMBER OF REQUIRED STALLS: The following minimum number of off street parking stalls shall be provided and maintained by ownership, easement and/or lease for and during the life of the respective uses hereinafter set forth: Use )� Number Of Required Stalls Residential: II memory care units Multiple -family i 11 2.0 stalls per unit. Senior housing, independent living 1 stall per dwelling unit or 1 stall per 2 dwelling units units i� when units are within a continuing care retirement community facility. Single and two-famil I !I g y �I 2 stalls. F! Townhouses IF, 12.5 stalls per unit. Institutional: Auditoriums, theaters, religious 1 stall per 3 seats of design capacity of the main institutions, sports arenas assembly with a maximum capacity less than or equal to 1,000 persons or 1 stall per 2.5 seats of design capacity of the main assembly with a maximum capacity greater than 1,000 persons, plus additional stalls required for aadjoined facilities, not including private or private nonprofit baseball fields (see below). j Community center, physical culture 10 stalls plus 1 stall per 300 square feet over 2,000 a studio, libraries, museums square feet of floor area for the principal structure. Public or private nonprofit baseball iFstall per 8 seats of design capacity. fields School elementary and junior high F'] 1 stall per 7 students based upon building design. School, high school and post -high 1 1 stall per 3 students based on building design capacity, school facilities `plus 1 stall per classroom. Commercial/industrial: F F11Animal hospital/kennel F1, 1 stall for each 200 square feet of floor area. Auto repair uses �� 1 stall per 200 square feet of floor area. Auto sales F 1 stall per 500 square feet of showroom plus 1 stall for 16 Senior housing, assisted living and i 4 stalls per 10 dwelling units, plus stalls equal to the memory care units number of employees on a maximum shift. Commercial/industrial: F F11Animal hospital/kennel F1, 1 stall for each 200 square feet of floor area. Auto repair uses �� 1 stall per 200 square feet of floor area. Auto sales F 1 stall per 500 square feet of showroom plus 1 stall for 16 Fast food restaurant with or without I 1 stall per 70 square feet. drive through Fitness centers ! 1 stall per exercise station (e.g., strength machine or cardiovascular) plus 1 stall per employee on the largest shift plus additional parking required for ancillary uses. Funeral home j 20 stalls per chapel or viewing parlor, plus 1 stall for each company vehicle maintained on site. Adequate stacking stall shall also be provided for staging funeral processions. Furniture sales 1 stall per 400 square feet for first 25,000 square feet, plus 1 stall per 600 square feet thereafter. jGolf course 4 stalls per hole plus 50 percent of the parking stall j requirement for any associated retail use; on site j I restaurant and/or banquet facilities shall provide parking 17 All others: 1 stall for each 4 persons of licensed each 3,000 square feet of outdoor sales lot, plus capacity. additional parking required for ancillary service or repair. Auto wash Drive through: 10 stalls. Self-service: 1 stall per wash bay. ( Motor fuel stations: None in addition to that required for 4 the principal use. Beauty or barber shopF",,112 I i i stalls per chair. Bowling alleys 5 stalls per lane plus stalls as required for other uses within the principal structure. Catering business/commercial 1 stall per 200 square feet or 1 stall for each employee on j kitchen the maximum shift, whichever is greater; plus 1 stall for each business vehicle parked on site. Coffee/doughnut shop with or I 1 stall per 50 square feet. without drive through Commercial self -storage �� i 3 stalls plus 1 stall per 100 storage units. (ministorage) facilities ",,[Daycare facilities In a residential district serving less than 12 persons: 2 3 stalls per use. Fast food restaurant with or without I 1 stall per 70 square feet. drive through Fitness centers ! 1 stall per exercise station (e.g., strength machine or cardiovascular) plus 1 stall per employee on the largest shift plus additional parking required for ancillary uses. Funeral home j 20 stalls per chapel or viewing parlor, plus 1 stall for each company vehicle maintained on site. Adequate stacking stall shall also be provided for staging funeral processions. Furniture sales 1 stall per 400 square feet for first 25,000 square feet, plus 1 stall per 600 square feet thereafter. jGolf course 4 stalls per hole plus 50 percent of the parking stall j requirement for any associated retail use; on site j I restaurant and/or banquet facilities shall provide parking 17 All others: 1 stall for each 4 persons of licensed capacity. Fast food restaurant with or without I 1 stall per 70 square feet. drive through Fitness centers ! 1 stall per exercise station (e.g., strength machine or cardiovascular) plus 1 stall per employee on the largest shift plus additional parking required for ancillary uses. Funeral home j 20 stalls per chapel or viewing parlor, plus 1 stall for each company vehicle maintained on site. Adequate stacking stall shall also be provided for staging funeral processions. Furniture sales 1 stall per 400 square feet for first 25,000 square feet, plus 1 stall per 600 square feet thereafter. jGolf course 4 stalls per hole plus 50 percent of the parking stall j requirement for any associated retail use; on site j I restaurant and/or banquet facilities shall provide parking 17 ;Truck wash �� 3 stalls plus 1 stall per service bay. 18 Restaurants, clubs, lodges, 1 stall per 40 square feet of dining area and 1 stall for stalls for that use as required by this section. brewpubs, taprooms, tasting rooms Instructional classes, dance studios, F,1rlI for each 200 square feet of floor area. percent or more gross floor area as karate centers, music schools and Faea plus 1 stall for each 500 square feet of storage storage/warehouse or industry similar uses Major bus terminal, boat/marine 1 8 stalls plus 1 stall per 800 square feet of manufacturing sales and repair, bottling company, ( or display floor area over 1,000 square feet. trade shop with 6 or less employees, garden supply or building materials sales Manufacturing I 1 stall per 350 square feet of floor area, plus 1 stall per company vehicle not stored within the principal j structure. Hotels/lodging 1 stall per unit, plus 1 stall for every 10 units. Motor fuel stations and auto repair ls plus 2 stalls far each service stall plus other rsta rements for uses or sale of goods not directly auto d. Multiple occupancy retail or service ; 1 1 stall per 160 square feet of gross leasable floor area. buildings with 3 or more tenants j The total required stalls may be reduced by 10 percent based upon approval of an administrative permit by the Zoning Administrator. Multiplex theater 1 stall per 3.4 seats (all other theaters shall be subject to the requirements applicable to auditoriums, theaters, religious institutions and sports arenas established by this section). Office buildings and professional i 1 stall for each 200 square feet of floor area. offices; banks, public administration, and medical ;Truck wash �� 3 stalls plus 1 stall per service bay. 18 Restaurants, clubs, lodges, 1 stall per 40 square feet of dining area and 1 stall for 3 brewpubs, taprooms, tasting rooms 1 each 80 square feet of kitchen area. ;Truck wash �� 3 stalls plus 1 stall per service bay. 18 Retail commercial uses (other)F11 stall per 200 square feet. Retail sales and service with 50 1 ll for each 200 square feet of public sales/service j percent or more gross floor area as Faea plus 1 stall for each 500 square feet of storage storage/warehouse or industry ;Truck wash �� 3 stalls plus 1 stall per service bay. 18 Skating rink, banquet hall, private or 20 stalls plus 1 stall per 200 square feet over 2,000 public auction house ;square feet. ;Truck wash �� 3 stalls plus 1 stall per service bay. 18 11-21-9: PARKING DEFERMENT: The Zoning Administrator may allow a reduction in the number of required off street parking stalls for commercial, industrial, institutional, and multiple -family uses by administrative permit in accordance with Chapter 8 of this title. A. The proposed use will have a peak parking demand less than the required parking under section 11-21-9.A of this chapter. Factors to be considered when reviewing the proposed parking demand shall include, but not be limited to: 1. Size of building, or number of dwelling units and number of bedrooms per dwelling unit. 2. Type and use. 3. Number of employees or residents. 4. Projected volume and turnover of customer traffic. 5. Projected frequency and volume of delivery or service vehicles. 6. Number of company owned vehicles. 7. Storage of vehicles on site. B. In no case shall the amount of parking provided be less than one-half (1/2) of the number of parking stalls required by this Chapter. C. The site has sufficient property under the same ownership to accommodate the expansion of the parking facilities to meet the minimum requirements of this chapter if the parking demand exceeds on site supply. D. Parking shall only occur in areas designed and constructed for parking in accordance with this chapter. fe Undertaking 20 stalls per chapel or parlor, plus 1 stall for each company vehicle maintained on site. Adequate stacking stall shall also be provided for staging funeral processions. Warehousing Office: 1 stall per 200 square feet. Other: 1 stall per 1,000 square feet plus 1 stall per company vehicle not stored within the principal structure. Uses not specified or not precisely Calculated by Zoning Administrator based upon, but not identified limited to, characteristics for similar uses and i professional studies prepared by APA or ITE. 11-21-9: PARKING DEFERMENT: The Zoning Administrator may allow a reduction in the number of required off street parking stalls for commercial, industrial, institutional, and multiple -family uses by administrative permit in accordance with Chapter 8 of this title. A. The proposed use will have a peak parking demand less than the required parking under section 11-21-9.A of this chapter. Factors to be considered when reviewing the proposed parking demand shall include, but not be limited to: 1. Size of building, or number of dwelling units and number of bedrooms per dwelling unit. 2. Type and use. 3. Number of employees or residents. 4. Projected volume and turnover of customer traffic. 5. Projected frequency and volume of delivery or service vehicles. 6. Number of company owned vehicles. 7. Storage of vehicles on site. B. In no case shall the amount of parking provided be less than one-half (1/2) of the number of parking stalls required by this Chapter. C. The site has sufficient property under the same ownership to accommodate the expansion of the parking facilities to meet the minimum requirements of this chapter if the parking demand exceeds on site supply. D. Parking shall only occur in areas designed and constructed for parking in accordance with this chapter. fe E. The applicant and city enter into a development agreement, to be recorded against the subject property, which includes a clause requiring the owner to install the additional parking stalls, upon a finding of the Zoning Administrator that such additional parking stalls are necessary to accommodate the use. F. A change of use will necessitate compliance with the applicable zoning ordinance standard for parking. 11-21-10: JOINT FACILITIES: The City Council may approve an interim use permit, pursuant to chapter 5 of this title, for two (2) or more commercial or industrial businesses to provide the required off street parking facilities by joint use of one (1) or more sites where the total number of stalls provided is less than the sum of the total required for each business should they provide them separately. To qualify for joint parking, the following conditions are required to exist. A. Up to fifty percent (50%) of the parking facilities required for a theater, bowling alley, dance hall, bar, or restaurant may be supplied by the off street parking facilities provided by types of uses specified as primarily daytime uses in subsection D of this section. B. Up to fifty percent (50%) of the off street parking facilities required for any use specified under subsection D of this section as primarily daytime uses may be supplied by the parking facilities provided by the following nighttime or Sunday uses: auditoriums incidental to a public or parochial school, churches, bowling alleys, dance halls, theaters, bars, apartments or restaurants. C. Up to eighty percent (80%) of the parking facilities required by this chapter for a church or for an auditorium incidental to a public or parochial school may be supplied by the off street parking facilities provided by uses specified in subsection D of this section as primarily daytime uses. D. For the purposes of this chapter, the following uses are considered as primarily daytime uses: public schools, banks, business offices, retail stores, personal service shops, household equipment or furniture shops, clothing or shoe repair or service shops, manufacturing, wholesale and similar uses. E. Conditions required for joint use: 1: The building or use for which application is being made to utilize the off street parking facilities provided by another building or use shall be located within three hundred feet (300') of such parking facilities. 2. Documentation as specified by the City shall be submitted demonstrating that there is not substantial conflict in the principal operating hours of the two (2) buildings or uses (for which joint use of off street parking facilities is proposed). A properly drawn legal instrument, executed by the parties concerned for joint use of off street parking facilities, duly approved as to form and manner of execution by the City Attorney, shall be filed with the City Clerk and recorded with the Wright County Recorder. 20 11-21-11: OFF SITE PARKING: The City Council may approve an interim use permit, pursuant to chapter 5 of this title, use of off-site parking facilities provided that the following conditions are met: A. Off site parking shall be developed and maintained in compliance with all requirements and standards of this title. B. Reasonable access from off site parking facilities to the use being served shall be provided. C. Location: Off site parking for multiple -family dwellings shall not be located more than one hundred feet (100') from any normally used entrance of the principal use served. 2. Off site parking for nonresidential uses shall not be located more than three hundred feet (300') from the main public entrance of the principal use being served. D. Any use which depends upon off site parking to meet the requirements of this chapter shall maintain ownership and parking utilization of the off site location until such time as on site parking is provided or a site in closer proximity to the principal use is acquired and developed for parking. E. Except as provided for by section 11-21-1 LF of this title, the site used for meeting the off site parking requirements of this chapter shall be under the same ownership as the principal use being served or under public ownership. F. Compliance with off street parking requirements provided through leased off street parking may be approved by the City Council, subject to the following conditions: The lease shall specify the total number and location of parking stalls under contract, and this number, when added to any on site parking required, must be equal to the total number of parking stalls required. The lease instrument shall legally bind all parties to the lease and provide for amendment or cancellation only upon written approval from the City. The lease agreement shall incorporate a release of liability and any other provisions, as recommended by the City Attorney, that are deemed necessary to ensure compliance with the intent of this chapter. G. No advertising sign or material is to be located on the property where the parking lot is located. Section 8. Section 11-85-5 of the City Code (1-1 District — Accessory Uses) is hereby amended to add the following provision with existing sections renumbered accordingly: D Semitractor trailer narking and land/sea container storage as provided for by Section 11-18-3.13 of 21 this title. Section 9. Section 11-86-5 of the City Code (1-2 District — Accessory Uses) is hereby amended to add the following provision with existing sections renumbered accordingly: D Semitractor trailer parking and land/sea container storage as provided for by Section 11-18-3.B of this title. Section 10. Section 11-87-5 of the City Code (1-3 District —Accessory Uses) is hereby amended to add the following provision with existing sections renumbered accordingly: D. Semitractor trailer parking and land/sea container storage as provided for by Section 11-18-3.B of this title. Section 11. Section 11-90-5 of the City Code (INS District — Accessory Uses) is hereby amended to add the following provision with existing sections renumbered accordingly: D Semitractor trailer parking and land/sea container storage as provided for by Section 11-18-33 of this title• city of otsego facilities only Section 12. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 11th day of February, 2019. ATTEST: Tami Loff, City Clerk 22 CITY OF OTSEGO BY: Jessica L. Stockamp, Mayor ORDINANCE NO.: 2019-04 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF OTSEGO. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 3-1-2.0 of the City Code is hereby amended to include a citation referencing the enabling sections of the City Code for imposition of development application fees. Section 2. Title 7, Chapter 1 of the City Code is hereby amended to revise provisions related to motor vehicle operation and prohibit engine braking: Chapter 1 MOTOR VEHICLE OPERATION 7-1-1: UNREASONABLE ACCELERATION: 7-1-2: ERRATIC DRIVING: 7-1-3: ENGINE BRAKING: 7-1-4: PETTY MISDEMEANOR VIOLATION; PENALTIES: Section 3. Section 7-2-2.E of the City Code is hereby amended to provisions establishing no parking zones upon City streets. Section 4. Section 10-3-6 of the City Code is hereby amended to adopt provisions related to fees, charges, and expenses for subdivision applications. Section 5. Section 11-1-8 of the City Code is hereby amended to adopt provisions related to fees, charges, and expenses for zoning applications. Section 6. Section 11-18-3 of the City Code is hereby amended to insert the following provisions related to semitractor trailer parking and land/see container storage with existing sections renumbered accordingly. Section 7. Title 11, Chapter 21 of the Zoning Ordinance is hereby amended to read as follows: 11-21-1: PURPOSE: Chapter 21 OFF STREET PARKING 1 11-21-2: APPLICATION: 11-21-3: SITE PLAN DRAWING REQUIRED: 11-21-4: GENERAL PROVISIONS: 11-21-5: LOCATION: 11-21-6: STREET ACCESS: 11-21-7: STALL AND AISLE DESIGN: 11-21-8: NUMBER OF REQUIRED STALLS: 11-21-9: PARKING DEFERMENT: 11-21-10: JOINT FACILITIES: 11-21-11: OFF SITE PARKING: Section 8. Section 11-85-5 of the City Code is hereby amended to add semitractor trailer parking and land/sea container storage as an accessory use within the 1-1 District with existing sections renumbered accordingly. Section 9. Section 11-86-5 of the City Code is hereby amended to add semitractor trailer parking and land/sea container storage as an accessory use within the 1-2 District with existing sections renumbered accordingly. Section 10. Section 11-87-5 of the City Code (is hereby amended to add semitractor trailer parking and land/sea container storage as an accessory use within the 1-3 District with existing sections renumbered accordingly. Section 11. Section 11-90-5 of the City Code is hereby amended to add semitractor trailer parking and land/sea container storage as an accessory use within the INS District with existing sections renumbered accordingly. Section 12. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 11th day of February, 2019. CITY OF OTSEGO BY: Jessica L. Stockamp, Mayor ATTEST: Tami Loff, City Clerk Pursuant to Minnesota Statutes 412.191, Subd. 4 and 331A.01, Subd.10, this Ordinance is published in summary form. Complete copies of the ordinance are available for inspection by contacting the Zoning Administrator/City Clerk, Otsego City Hall, 13400 90th Street NE, Otsego, Minnesota 55330 during regular office hours. 2