ORD 19-04ORDINANCE 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:
11-21-5: 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: Stockamp
SECOND BY: Warehime
ALL IN FAVOR: Stockamp, Warehime, Darkenwald, Tanner, Goede
THOSE OPPOSED: None
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
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: t 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 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:
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
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.
7-1-4: 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 fi-om 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;
In a location that is not parallel to the curb or edge of street, unless legally designated.
4. On a sidewalk, trail, or crosswalk;
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.
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.
N
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 meetings, 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.
The City shall refund any amount deposited in the escrow account not expended within
ninety (90) calendar days after final action on the application.
C. Fees, charges, and estimated expenses for the processing of a development application required
by this 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.
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.
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 5. Section 11-1-8 of the Zoning Ordinance is hereby amended to read as
follows:
11-1-8: FEES, CHARGES, AND EXPENSES:
3
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.
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:
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 meetings, 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 fiend balance.
The City shall refund any amount deposited in the escrow account not expended within
ninety (90) calendar days after final action on the application.
C. Fees, charges, and estimated expenses for the processing of a development application required
by this title 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.
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:
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.
0
Section 6. Section 11-18-3 of the City Code is hereby amended to insert the following
provisions with existing sections renumbered accordingly:
follows:
B. Semitractor Trailers and Land/Sea Containers:
1. Certification:
a. 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.
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:
a. All semitractor trailers shall be parked on a concrete or bituminous
surface.
b. 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
I1-21-1: 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:
11-21-5: 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.
11-21-3: 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
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:
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.
on
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:
1. 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.
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 11-21-11 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:.
7
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.
2. 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.
I1-21-6: 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:
Nearest Intersecting Streets Min. Spacing
Street With Between
Proposed Local Minor Minor Principal Adjacent
Driveway Street Collector Collector Arterial j Arterial Driveways
1
Local street:-��
a. Residential 40 ft. 40 ft. 50 ft. 50 ft. 50 ft. 10 ft.
b. Individual 50 ft. 50 ft. 90 ft. 90 ft. 90 ft. 50 ft.
multiple family,
commercial,
industrial, or
institutional
i
c. Multiple 90 ft. 90 ft. 125 ft. 125 ft. 125 ft. 100 ft.
commercial
2. Minor collector:
a. Residential 40 ft. 40 ft. 50 ft. 50 ft. 50 ft ! 10 ft.
��� F
b. Individual 50 ft. 50 ft. 90 ft. 90 ft. 90 ft. 50 ft.
multiple family,
commercial,
industrial, or
institutional
C. Multiple 90 ft. 90 ft. 125 ft. 125 ft. 125 ft 100 ft.
commercial j
3. Major collector: F i� �—
a Residential
NP
IF
NP
NP
NP
b. I idividual i
90 ft. �
90 ft. j
220 ft.
220 ft.
220 ft.
200 ft.2
multiple family,
commercial,
industrial, or
institutional
c. Multiple t
commercial
125 ft.
125 ft.
2".
220 ft.
220 ft. ';
200 ft.2
4. Minor arterial
t
IF
I
a. Residential
NP
F_NP
F_NP
F__NP
F_iNp_
NP
b. Individual
NP
NP
NP
660 ft.
660 ft.
230 ft.2
multiple family,
commercial,
industrial, or
institutional
c. Multiple
NP
II
NP
NP
660 ft.
660 ft.
230 ft.2
commercial
5. Princi al arterial
p
NP I
11 1
N
FNP
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.
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.
10
(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.
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 g Of Parkin ( Stall Width Curb Length Per Car ' Stall De th f
I p
Aisle Width
00 816" 23'0" 8'6" 12'0"
9�09'0"9,0" 12 '0"
9'6" 2303'0" 9'6" 12'0"
10'0" �3'0" 10'0" 12'0"
200 8'6" 24'11" 14'6" 11'0"
9'0"� 26'4"�5'0" 11'0" --
9'6" 27'10" 15'6" F11'0"
10'0" 29'3IF " 15'11" 11'0"
300 8'6" 17'0" �1 16'11"
11'0"
9'0" 18'0 1 17'4"
J 11'0"
11
IF -
9'6" 19'0" 1710" 11'0"�
IF
10'0" 20'0" 18'3" IF
11'0"
400 8'6" 13'3" 18'9"
12'0"
�� �� ��
90 � 140 ( 192
120"
I 6
9'6" ( 14'10" 19'"
'iF
12'0"
10'0" 15'8" 19'11"
12'0"
450 8'6"� 1210" 19'5
13'6"
9'0" 12'9" 19'10"
13'0"
9'6" 13'5" 20'2"
13'0"
10'0" 14'2" 20'6"
1310"
500 816" 11'2" 20'0"
126
91011 �� ��
119 20 5
12'0"
�� 20'9"120
96 125
10'0" 13'2" 21'0"
12'0"
60 86 910 209
IF
186
9'0" 10'5" 21'0"
18'0"
�9'6" 11'0" 2P3"
18'0"
10'0" r 11'6 2 1'6"
18'0"
8'6" 9'0" 20'10"
70° IF
19'6"
9'0" 9'8" 21'0" IIF
I
9161110'2" 21'3"
18'6"
' 10'0" 10'8" 21'3"
18'0"
8 6 8 8 20'3
80IF
24 0
9'0" 912" 20'4" -IF-
24'0"
9'6" 9'8" I 20'5"
24'0"
10'0" 10'3" IF 20'6"
'F
24'0"
90
86
8'6"20040
12
90 9'0"200 220
9'6" 9'6"IF
20'0" 22'0"
10'0" 10'0" F20'0" 22'0"
i
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.
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.
C. 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 service 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%).
13
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.
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').
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:
1. 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
14
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.
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:
IR
Multiple -family 2.0 stalls per unit.
Senior housing, independent living 1 stall per dwelling unit or 1 stall per 2 dwelling units
units when units are within a continuing care retirement
community facility.
Single and two-family F"I
2 stalls.
Townhouses2.5 stalls per unit.
F,"i
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
j 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
adjoined facilities, not including private or private
nonprofit baseball fields (see below).
Community center, physical culture 10 stalls plus 1 stallper 300 square feet over 2,000
studio, libraries, museums square feet of floor area for the principal structure.
Public or private nonprofit baseball 1 1 stall per 8 seats of design capacity.
fields
School, elementary and junior high Ff 1 stall per 7 students based upon building design.
School, high school and post-high�1 stall per 3 students based on building design capacity,
school facilities plus 1 stall per classroom.
Senior housing, assisted living and 4 stalls per 10 dwelling units, plus stalls equal to the
j memory care units ! number of employees on a maximum shift.
Commercial/industrial: 7F1
Animal hospital/kennel� 1 stall for each 200 square feet of floor area.
F, I
Auto repair uses 1 stall per 200 square feet of floor area.
15
;Commercial
Coffee/doughnut shop with or
Auto sales i
1 stall per 50 square feet.
1 stall per 500 square feet of showroom plus 1 stall for
without drive through
plus 1 stall per 600 square feet thereafter.'I
each 3,000 square feet of outdoor sales lot, plus
Daycare facilities;Ina
residential district serving less than 12 persons: 2
additional parking required for ancillary service or
stalls per use.
repair.
Auto washDrive
F!I
through: 10 stalls.
I
'
II
�,
Self-service: 1 stall per wash bay.
j
1
Motor fuel stations: None in addition to that required for
drive through
the principal use.
Fitness centers
Beauty or barber shop F2 stalls per chair.
;Bowling
alleys
i
5 stalls per lane plus stalls as required for other uses
cardiovascular) plus 1 stall per employee on the largest
f
within the principal structure.
shift plus additional parking required for ancillary uses.
Catering business/commercial
Funeral home
1 stall per 200 square feet or 1 stall for each employee on
20 stalls per chapel or viewing parlor, plus 1 stall for
kitchen
j
the maximum shift, whichever is greater; plus 1 stall for
each company vehicle maintained on site. Adequate
each business vehicle parked on site.
;Commercial
Coffee/doughnut shop with or
{
1 stall per 50 square feet.
without drive through
plus 1 stall per 600 square feet thereafter.'I
;Commercial
self -storage
{
3 stalls plus 1 stall per 100 storage units.
(ministorage) facilities
plus 1 stall per 600 square feet thereafter.'I
Daycare facilities;Ina
residential district serving less than 12 persons: 2
stalls per use.
others: 1 stall for each 4 persons of licensed
F
pacity.
Fast food restaurant with or without ��,
1 stall per 70 square feet.
drive through
I
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.
j
Funeral home
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.
FFurniture
IIII�
sales
1 stall per 400 square feet for first 25,000 square feet,
j
plus 1 stall per 600 square feet thereafter.'I
Golf course 4 stalls per hole plus 50 percent of the parking stall
I requirement for any associated retail use; on site
WOO
a
Hotels/lodging
F'ill
restaurant and/or banquet facilities shall provide parking
Motor fuel stations and auto repair
stalls for that use as required by this section.
Instructional classes, dance studios,
j
1 stall for each 200 square feet of floor area.
1
karate centers, music schools and
related.
j
similar uses
1 stall per 160 square feet of gross leasable floor area.
s
Major bus terminal, boat/marine
#
8 stalls plus 1 stall per 800 square feet of manufacturing
sales and repair, bottling company, ���
j
or display floor area over 1,000 square feet.
trade shop with 6 or less employees,
Zoning Administrator.
j
garden supply or building materials
!.
1 stall per 3.4 seats (all other theaters shall be subject to
sales
the requirements applicable to auditoriums, theaters,
Manufacturing
1 stall per 350 square feet of floor area, plus 1 stall per
company vehicle not stored within the principal
Office buildings and professional
structure.
jSkating
Hotels/lodging
j
1 stall per unit, plus 1 stall for every 10 units.
Motor fuel stations and auto repair
4 stalls plus 2 stalls for each service stall plus other
requirements for uses or sale of goods not directly auto
1
related.
j
Multiple occupancy retail or service 4
1 stall per 160 square feet of gross leasable floor area.
buildings with 3 or more tenants
I
The total required stalls may be reduced by 10 percent
based upon approval of an administrative perrnit by the
Zoning Administrator.
j
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
1 stall for each 200 square feet of floor area.
offices; banks, public administration,
and medical
Restaurants, clubs, lodges,
j1
stall per 40 square feet of dining area and 1 stall for
brewpubs, taprooms, tasting rooms
each 80 square feet of kitchen area.
Retail commercial uses (other)
1 stall per 200 square feet.
Retail sales and service with 50
1 stall for each 200 square feet of public sales/service
percent or more gross floor area as
area, plus 1 stall for each 500 square feet of storage
storage/warehouse or industry
area.
jSkating
rink, banquet hall, private or
j
20 stalls plus 1 stall per 200 square feet over 2,000
public auction house
square feet.
�) Truck wash i13 stalls plus 1 stall per service bay.
17
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 peals 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.
18
Undertaking
20 stalls per chapel or parlor, plus 1 stall for each
jcompany
vehicle maintained on site. Adequate stacking
i
stall shall also be provided for staging funeral
processions.
Warehousing
I�
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
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 peals 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.
18
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:
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).
3. A properly drawn legal instrument, executed by the patties 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.
19
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.
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 11-21-1IT 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:
1. 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.
2. 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 parking and land/sea container storage as provided for by Section 11-18-3.13 of
this title.
20
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 11-18-3.B of
this title; city of otsego facilities only
Section 12. This Ordinance shall become effective immediately upon its passage and
publication.
MOTION BY: Stockamp
SECOND BY: Warehime
ALL IN FAVOR: Stockamp, Warehime, Darkenwald, Tanner, Goede
THOSE OPPOSED: None
ADOPTED by the City Council of the City of Otsego this 11th day of February, 2019.
\1 - lQj2c�6
ATTEST:
Tami Loff, City Clerk
21
CITY OF OTSEGO
BY:
Jess ca L. Stockamp, Mayor
Tami Loff
From: Rob Rollins <rob@sterlingcodifiers.com>
Sent: Tuesday, February 19, 2019 5:39 PM
To: DDL@PlanningCo.com
Cc: Tami Loff
Subject: RE: ordinance questions
Thanks for quick response
Tami — recommend attaching to a copy of your ord
Thanks-
Rob
hanks-
Rob
rob@sterlingcodifiers.com
208-665-7193
From: DDL@PlanningCo.com [mailto:DDL@PlanningCo.com]
Sent: Tuesday, February 19, 2019 3:33 PM
To: 'Tami Loff' <TLoff@ci.otsego.mn.us>; 'Andy MacArthur' <aimacarthur@q.com>; 'Rob Rollins'
<rob@sterlingcodifiers.com>
Subject: RE: ordinance questions
Hi Rob
See below.
DDL
From: Tami Loff <TLoff@ci.otsego.mn.us>
Sent: Tuesday, February 19, 2019 3:46 PM
To: D. DANIEL LICHT <DDL@PlanningCo.com>; Andy MacArthur <aimacarthur@q.com>
Subject: FW: ordinance questions
Dan/ Andy?
Tami
From: Sterling Codifiers Finailto:sterling@sterlinacodifiers.com]
Sent: Tuesday, February 19, 2019 3:43 PM
To: Tami Loff
Subject: ordinance questions
Ord 2019-04 page 3 bottom of page subsection F3 reads "...Minnesota statues chapter 429.81" Our records indicate this
doesn't exist— please advise. 429.101
1
Same or page 5 subsection B1a reads "...Minnesota statutes section 169.78" Our records indicate this section has been
repealed -- please advise. Change to read " shall display a current inspection certification decal issued in
by the State of Minnesota Department of Public Safety.
Same ord page 10 subsection 4c(2) reads "...compliance with subsection H7..." there is no H7 — please advise. Change to
"Section 11-21-6.13 of this title".
Same ord page 18 subsection A reads "...required parking under section 11-21-9.A..." We are in A and there is no
required parking — please advise. Change to Section 11-21-8.
Same ord redoes title 11 chapter 21— and moved a number of sections around. In your code at 4-6-61-1 the last sentence
references section 11-21-4 — that section has now been split up into 3 different sections, so we are not sure how this
reference should be changed. Title 11, Chapter 21 of this Code
Thanks -
Rob Rollins, President
Sterling Codifiers
3906 N. Schreiber Way
Coeur d'Alene, ID 83815
rob@sterlingcodifiers.com
208-665-7193
bm
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
ORDINANCE NO.: 2019-04
AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF
OTSEGO.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY OR-
DAIN:
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 ap-
plications.
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 ac-
cordingly.
Section 7. Title 11, Chapter 21 of the Zoning Ordinance is hereby
amended to read as follows:
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:
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: Stockamp
SECOND BY: Warehime
ALL IN FAVOR: Stockamp, Warehime, Darkenwald, Tanner, Goede
THOSE OPPOSED: None
ADOPTED by the City Council of the City of Otsego this 11th day
of February, 2019.
Pursuant to Minnesota Statutes 412.191, Subd. 4 and 331A.01,
Subd.10, this Ordinance is published in summary form. Complete cop-
ies of the ordinance are available for inspection by contacting the Zon-
ing Administrator/City Clerk, Otsego City Hall, 13400 90th Street NE,
Otsego, Minnesota 55330 during regular office hours.
CITY OF OTSEGO
BY: Jessica L. Stockamp, Mayor
ATTEST: Tami Loff, City Clerk
Published in the
Star News
February 16, 2019
907285