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ORD 05-12ORDINANCE NO.: 2005-12 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE BOUNDARIES OF THE WILD SCENIC RECREATIONAL RIVER DISTRICT. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 20-95-5.13 of the Zoning Ordinance is hereby amended to read as follows: B. Within the WSRR District west of State Highway 101 within Sections 14, 23, 26, and Government Lot 1 and the East 1/2 of the East 1/2 of the Southeast 1/4 of Section 15, Township 121 North, Range 23 West (Subdistrict B) the following are permitted uses: 1. Those permitted and accessory use designations as defined and allowed in the base zoning districts set forth on the Otsego Zoning Map, as amended and classified as B-1, B-2, B-3, B -W, B -C, I-1, 1-2,1-3, INS and PUD established by Section 50 of this Chapter. These land use districts and uses are in conformance with the criteria for Urban river class standards in Minnesota Rules, parts 6120.3100 and 6120.3200. Section 2. Section 20-95-6.13 of the Zoning Ordinance is hereby amended to read as follows: B. Within the WSRR District west of State Highway 101 within Sections 14, 23, 26, and Government Lot 1 and the East 1/2 of the East 1/2 of the Southeast 1/4 of Section 15, Township 121 North, Range 23 West (Subdistrict B) the following are conditional uses: 1. Those conditional and interim use designations as defined and allowed in the base zoning districts set forth on the Otsego Zoning Map, as amended and classified as B-1, B-2, B-3, B -W, B -C, I-1, 1-2,1-3, INS and PUD, established by Section 50 of this Chapter. These land use districts and uses are in conformance with the criteria for Urban river class standards in Minnesota Rules, parts 6120.3100 and 6120.3200. Section 3. Section 20-95-7.D of the Zoning Ordinance is hereby amended to read as follows: D. The WSRR District west of State Highway 101 within Sections 14, 23, 26, and Government Lot 1 and the East 1/2 of the East 1/2 of the Southeast 1/4 of Section 15, Township 121 North, Range 23 West (Subdistrict B) shall conform to the provisions and administrative procedures of Minnesota Rules, parts 6105.0010 to 6105.0090; 6105.0100, subparts 1 and 2; Urban river class standards in 6120.3100, 6120.3200, and 6120.3300, subpart 2b; 6120.3300, subparts 7 to 12; 6120.3800; and 6105.0110 to 6105.0250 with the following exceptions to the provisions of these parts. Where these standards conflict with the standards of the base zoning districts, the more restrictive standard shall prevail. a. Setback from ordinary high water level of Mississippi River: 100 feet 75 feet b. Bluffline: 30 feet 30 feet C. Front Yard: Setbacks Setbacks From From Right Road Class Centerline of -Way Lines State/Federal Highway 130 feet 65 feet County Road 130 feet 65 feet Local Road 65 feet 35 feet Where a lot is located at the intersection of two (2) or more roads or highways which bound two (2) or more sides of the lot, no building shall project beyond the front yard line of either road. Non-Sewered Sewered 1. Lot Requirements: a. Lot Area: Riparian 1 acre 20,000 SF Nonriparian 1 acre 15,000 SF b. Lot width at the water line and building line: 150 feet 75 feet 2. Principal Structure Setbacks: a. Setback from ordinary high water level of Mississippi River: 100 feet 75 feet b. Bluffline: 30 feet 30 feet C. Front Yard: Setbacks Setbacks From From Right Road Class Centerline of -Way Lines State/Federal Highway 130 feet 65 feet County Road 130 feet 65 feet Local Road 65 feet 35 feet Where a lot is located at the intersection of two (2) or more roads or highways which bound two (2) or more sides of the lot, no building shall project beyond the front yard line of either road. Non-Sewered Sewered d. Side Yard: 10 feet 10 feet e. Rear Yard: 50 feet 30 feet 3. Accessory Structure Setbacks: Accessory structure setbacks as regulated by Section 20-16-4 of this Chapter, and the following additional structure setbacks: Non-sewered Sewered a. Setback from ordinary high water level of Mississippi River: 100 feet 75 feet b. Bluffline: 30 feet 30 feet 4. Impervious Surface Requirements: Impervious surface coverage requirements in Minnesota Rules, part 6120.3300, subpart IIB, may be varied without a variance if all of the following criteria and standards are met: a. All structures and impervious surfaces are located on slopes less than twelve (12) percent. The physical alteration of slopes shall not be permitted for the purpose of overcoming this limitation. b. The site development is designed, implemented, and maintained using the most applicable combination of comprehensive practices that prevent flooding, pollutant, erosion and sedimentation problems consistent with Protecting Water Quality in Urban Areas, Best Management Practices for Minnesota, Minnesota Pollution Control Agency, October 1989, or as amended, which is incorporated by reference, available at the State Law Library and not subject to frequent change. C. A site development, maintenance, and inspection plan incorporating the comprehensive practices in b, above, is submitted and approved by the City of Otsego prior to the issuance of an impervious surfacing permit and the plan is implemented. d. An impervious surfacing permit is granted by the City of Otsego which imposes the conditions of Section 74.9.A.3 of this Chapter. The City may impose additional conditions if determined necessary to protect the public health, safety, and welfare. Section 4. The Zoning Administrator is hereby directed to make appropriate changes to the official Zoning Map of the City of Otsego to reflect the change in zoning classification set forth above. Section 5. This Ordinance shall become effective immediately upon its passage and publication. PASSED by the Otsego City Council this 13th day of June, 2005. CITY OF OTSEGO ATTEST: Ju y uds , oning Administr for/City Clerk Published: Elk River Star News 06-22-05