ORD 99-03CITY OF OTSEGO
WRIGHT COUNTY, MINNESOTA
ORDINANCE #99-03
AN ORDINANCE AMENDING THE OTSEGO ZONING ORDINANCE TO RESPOND TO
DIRECTIVES OUTLINED IN THE COMPREHENSIVE PLAN UPDATE REGARDING FARMS AND
FEEDLOT REGULATIONS.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Section 38 of the Zoning Ordinance (Feedlots) is hereby
amended to read as follows:
SECTION 38
FEEDLOT REGULATIONS.
Section
20-38-1: Purpose
20-3'8-2: Allowed Feedlots
20-38-3: Prohibited Feedlots
20-38-4: Expansion of Animal Units
20-38-5: Structures for -Housing Animals
20-38-6: Existing Feedlots: Compliance With MPCA Requirements
20-38-7: Odors
20-38-8: Feedlot Setbacks
20-38-9: New Dwelling Setbacks
20-38-10: Manure Stockpile/Application Setbacks
20-38-11: Destruction of Existing Animal Feedlots
20-38-12: Facility Closure
20-38-13: Abandonment
20-38-1: PURPOSE: The purpose and intent of this Section is to
prohibit the establishment of new animal feedlots within the
City of Otsego and to regulate existing feedlot operations
within the City of Otsego in a manner conducive to the health,
safety, and welfare of the citizens of Otsego. These controls
are needed due to the recent incorporation from township
status to City status and the unique location of the
municipality in relation to the Metropolitan Area. These
regulations are also necessary to promote the planning process
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within the City and to protect the health, safety, and welfare
of the residents of the City as well as to:
A. Establish conditions under which existing animal feedlots
within the City can continue to operate.
B. Prohibit the establishment of new animal feedlots within the
City.
C. To prohibit the expansion of existing animal feedlots to
levels not conducive with the present character of the City.
D. To provide regulations which can be applied in a fair and
equitable nature, but that take into account the inherent
fluid nature of an ongoing farm operations and the difficulty
of applying strict numbers as criteria for control of an
ongoing operation.
E. Promote best farm management practices.
F. Protect valuable groundwater and surface water resources.
G. Protect human and animal health.
H. Implement specific policies and provisions of the official
City Comprehensive Plan.
I. Promote compatibility of uses.
J. Promote continuance of agricultural uses while protecting the
residents from nuisances caused by large, non-traditional, and
intense agricultural uses.
K. Coordinate and assist state agencies in the administration of
state-wide statutes and regulations governing livestock
operations.
20-38-2: ALLOWED FEEDLOTS:
A. Urban Service Area: Those feedlots presently existing within
the Urban Service Area, designated by the Comprehensive Plan,
may continue operations as provided for in this section,
subject to the following:
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1. Existing feedlots may continue operations as legal
nonconforming uses as set forth in Section 15 of this
Chapter, and as long as they do not constitute a
potential pollution hazard. Such feedlots may only
continue on the condition that they obtain approval from
MPCA, if necessary.
a. Interpretation of Section 15: It is understood
that by its nature the raising of animals and
farming creates a situation where there are
seasonal, natural, fluctuations in the number of
animals within a facility. It is also understood
that to remain viable, a farming operation must
have a reasonable ability to limited expansion.
Due to these peculiar circumstances, and only for
purposes of this Section, the phrase "enlarged"
contained in Section 15 of this Ordinance shall be
construed as an enlargement of a legally
established pre-existing use in the following
circumstances:
(1) In a case where a new structure is constructed
or is proposed for construction for the
purpose of housing additional animals.
(2) In a case where a lagoon or earthen basin
associated with an increase in animal units is
,constructed or proposed for construction.
(3) In a case where an existing animal feedlot is
not in compliance with the terms and
conditions of an MPCA permit or interim
permit.
(4) In thecase where additional animal units
place the facility in violation of current
City ordinances regarding the care of animals.
(5) Any increase of the total number of animal
units in an existing animal feedlot which
raises the cumulative total of animal units
above twice the number present upon the
facility at the date of adoption of this
Ordinance.
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(6) Any construction, outside of normal
maintenance, which has the effect of
increasing the size of a building used for the
purposes of housing animals which is done
without the conditional use permit required by
this section.
(7) Ongoing violations of other City ordinances.
B. Rural Service Area: Those feedlots presently existing within
the Rural Service Area, designated by the Comprehensive Plan,
may continue operations and be allowed limited expansion
opportunities as provided for in this section, subject to the
following:
1. Registration: All existing feedlots shall be registered
with the City within six (6) months of 1 April 1999 by
administrative permit, subject to the procedures set
forth in and regulated by Section 9 of this Chapter.
a... An application for an administrative permit to
register an existing feedlot shall include the
following information:
(1) Owner's and operator's name and address.
(2) ..Location of the animal feedlot including
quarter, section, range and township.
(3) Animal types and existing number of animals of
each type confined at the feedlot and maximum
number of animal units allowed in conformance
with MPCA permits and guidelines.
(4) A scale drawing clearly indicating the
dimensions of the feedlot and showing all
existing homes, buildings, existing manure
storage areas and/or structures, lakes, ponds,
water courses, known wetlands, dry runs, rock
outcroppings, roads and wells within one
thousand (1,000) feet of the feedlot.
(5) Plans for buildings and structures as required
by this Ordinance and/or other County and
State ordinances and regulations.
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b
(6) A manure and waste management plan as required
by the MPGA.
(7) Leases or agreements allowing disposal of
manure on land other than that of the feedlot
owner/operator. No land may be subject to
more than one (1) such lease or agreement.
(8) Documentation of compliance with all MPCA
rules and regulations and approval of MPCA
permits, as may be applicable.
(9) Information identified in Section 20-7-3 of
this Chapter, as may be applicable.
b. Amended Registration: An amendment to a
registration may be applied for and shall be
administered in a manner similar to a new
registration application. Amended registration
shall be required for any of the following:
(1) Ownership of an existing feedlot is changed,
including but not limited to the following:
(a) A change in ownership of buildings and/or
land.
(b) A lease for the use of buildings and/or
land is entered into, modified or
terminated.
(2) There is a substantial change in operation of
the feedlot.
(a) The number of animal units is increased
two hundred (200) percent above the
number of animal units existing at the
feedlot on the date of registration.
(b) Construction of new buildings or
expansion of existing buildings capable
of housing animals.
(c) Any change in the operation of a feedlot
that would affect the storage, handling,
utilization or disposal of manure.
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c. Termination. Registration of an existing feedlot
shall be valid indefinitely provided that the
operation is in full compliance with the provisions
of this Chapter and County and/or State
regulations, as may be applicable. The owner of a
feedlot may terminate an approved registration at
any time by submitting a written request to the
Zoning Administrator. Once terminated by a feedlot
owner, registration shall be permanently forfeited
and not be re-established under any circumstances.
Any feedlot for which registration was terminated
may continue operations as a legal non -conforming
use as outlined in Section 20-38-2.A.1 of this
Section.
d. Any feedlot not registered with the Zoning
Administrator within six (6) months of 1 April 1999
may continue operations as a legal non -conforming
use as outlined in Section 20-38-2.A.1 of this
section.
20-38-3: PROHIBITED FEEDLOTS: No new animal feedlots shall be
established within the City. No existing animal feedlot is
allowed to expand beyond its level of operation at the date of
8 March 1999, subject to Section 20-38-2 of this section. No
operation or facility established with ten (10)••animal units
or less may expand to more than ten (10) animal units.
20-38-4: EXPANSION OF ANIMAL UNITS: An existing feedlot in the Rural
Service Area, as defined by the Comprehensive Plan, which is
registered pursuant to Section 20-38-2.B may be allowed to
increase the number of animal units, subject to the following:
A. The increase in number of permitted animal units shall be
based upon the following provisions:
1. For existing feedlots allowed not more than four hundred
(400) animal units by MPGA permit on the date of
registration, the number of permitted animal units may be
increased up to three hundred (300) percent.
2. For existing feedlots that are allowed more than four
hundred (400) animal units by MPCA permit on the date of
registration, the number of permitted animal units may be
increased up to two hundred (200) percent.
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3. The number of animal units of any existing feedlot shall
not be increased to more than one thousand five hundred
(1,500) animal units.
B. There is existing building and animal holding areas necessary
to adequately house the increase in animal units, in
conformance with applicable City ordinances. Any construction
of a new building or expansion of an existing building
necessary to adequately house the increase in animal units
shall be subject to Section 20-38-5 of this section.
C. The feedlot owner/operator shall own or have sufficient land
under contract for spreading of manure generated by the
expanded feedlot operation.
D. Approval of an amended registration, as outlined in Section
20-38-2.B of this Chapter.
20-38-5: STRUCTURES FOR HOUSING FARM ANIMALS: The construction of new
buildings or expansion of existing buildings intended to house
animals -in association with an existing feedlot that is in
full compliance with this Section shall be subject to the
following provisions:
A. Construction of new buildings or expansion of existing
building for the purpose of housing farm animals is allowed
for existing feedlots in the Rural Service Area, as defined by
the Comprehensive Plan, which are registered per Section 20-
38-2.B provided that:
1. Any new building intended to house farm animals is within
three hundred (300) feet of an existing building that
houses farm animals, except by conditional use permit.
2. Any new building or expansion of an existing building
intended to house farm animals may not encroach within
one thousand (1,000) feet of an existing residential use,
except by conditional use permit.
3. Approval of an amended registration, as outlined in
Section 20-38-2.B of this Chapter.
B. Construction of new buildings or expansion of existing
buildings for the purpose of housing farm animals for existing
feedlots in the Rural Service Area that are not registered in
accordance with Section 20-38-2.B and existing feedlots in the
Urban Service Area shall be subject to the provisions of 20-
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38-5.A above and require approval of a conditional use permit.
C. Conditional Use Permits: Application for a conditional use
permit under this section shall be regulated by Section 4 of
this Chapter. Such a conditional use permit may be granted
provided that:
1. Applicant provide proof that the proposed building or
building expansion is the necessary to provide sufficient
room for the number of animal units to be added, and that
the number is allowable under this section.
2. That the proposed building or building expansion is the
minimum expansion necessary to adequately house said
animals, and to comply with existing City ordinances.
3. That the building or building expansion is to be
constructed in such a manner as to not increase the non-
conformity; to minimize the impact on surrounding
properties; and as may be allowed below:
a... For proposed buildings located beyond three hundred
(300) feet of an existing building used to house
animals, the applicant must demonstrate physical
justification for the increased separation and that
the distance from existing buildings is the minimum
necessary.
b. For allowed feedlots within 1,000 feet of an
existing residential use, the proposed building or
building expansion may not encroach closer to said
residential use.
4. The applicant provide documentation of compliance with
all MPCA rules and regulations and approval of MPCA
permits, as may be applicable.
5. Approval of an amended registration, as outlined in
Section 20-38-2.B of this Chapter.
6. The provisions of Section 20-4-2.F of this Chapter are
considered and determined to be satisfied.
20-38-6: COMPLIANCE WITH MPCA REQUIREMENTS: All existing animal
feedlots operating on 1 April 1999 shall continue operating
only in strict compliance with all applicable MPCA rules and
regulations.
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20-38-7: ODORS: All animal feedlot operations shall take responsible
measures to minimize odors which have the effect of creating
an adverse impact on the environment and quality of life for
the residents of the City.
20-38-8: FEEDLOT SETBACKS: Lawfully established feedlots existing
prior to 1 April 1999 may be continued in the location
existing on such date.
20-38-9: NEW DWELLING SETBACKS: No building permit shall be issued
for a new dwelling unit within one thousand (1,000) feet of an
existing feedlot that is registered under the provisions of
Section 20-38-2.B, which also qualifies as a farm as defined
by Section 20-2-2 of this Chapter. This provision shall not
apply to dwellings constructed as a principal residence on the
same parcel and under the ownership of the owner/operator of
the registered feedlot.
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20-38-10: MANURE STOCKPILE/APPLICATION SETBACKS:
stockpile and application setbacks
existing animal feedlots:
The following manure
are required for all
CATEGORY
MANURE APPLICATION
STOCKPILES
Surface/
Incorporated or
Irrigation
Injected
Public lake,
300 feet
100 feet -lake 50
300 feet
river, or stream
feet -river/
stream
Public streets
25 feet -surface
10 feet
25 feet
(as measured from
300 feet -
the outer
irrigation
boundary of the
right-of-way)
Platted
300 feet -surface
300 feet
300 feet
Subdivisions
1,000 feet -
irrigation
Municipal wells
'200 feet
200 feet
300 feet
Private wells
200 feet
200 feet
200 feet
Public or private
300 feet
100 feet
300 feet
ditch (including
those in a public
rights-of-way)
Residence other
300 feet -surface
300 feet
300 feet
than landowner or
1,000 feet -
operator
irrigation
20-38-11: DESTRUCTION OF EXISTING ANIMAL FEEDLOTS: Notwithstanding
Section 20-15-3.J of this Chapter, any animal feedlot lawfully
existing as an allowed use under this Section 20-38-2 of this
Chapter and any structures or buildings lawfully existing and
which are used for the purpose of containing animals
associated with an allowed feedlot use, which are destroyed or
partially destroyed to the extent of more than fifty (50)
percent of its fair market value, may be restored and the same
use resumed (if such use was lawfully existing as an allowed
use, pursuant to Section 20-38-2 of this section, prior to
such damage and destruction)or any conforming use established,
provided that such reconstruction be completed within twelve
(12) months after the date of such damage or destruction.
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20-38-12: FACILITY CLOSURE:
A. Responsible Parties: The landowner, owner and operator of an
existing animal feedlot shall be responsible for the ongoing
management of manure and the final closure of the facility
including the cleaning of buildings and the emptying and
proper disposal of manure from all manure holding facilities.
B. Closure: If an existing feedlot operation ceases operation,
the owner and/or operator shall be responsible for the
following:
1. All wastes from the feedlot operation and its waste
control system shall be removed and disposed of on land
or in some other legally permissible manner as soon as
practical, but no more than six (6) months, and in a
manner conducive to the public health, safety, and
welfare.
2. Closure of the operation may be postponed for a period of
twelve (12) months if the property is posted for sale.
3. Notification to the City that the feedlot operation has
been discontinued, and that the property is in compliance
with this Section of the Zoning Ordinance.
4. If the property is for sale, notification shall be given
to all potential buyers of the status of the feedlot use
of the property which must comply with all presently
applicable zoning ordinances if the feedlot operation is
discontinued for a period of six (6) months, as well as
the other provisions of section 15 of this Chapter.
20-38-13: ABANDONMENT: Owners and operators of animal feedlots, either
at the time of abandonment or after, shall have joint and
several liability. for clean up, closure or remediation of
abandoned feedlot sales.
Section 2. Section 20-2-2.F of the Zoning Ordinance (definitions)
is hereby amended to read as follows:
Farm: An unplatted tract of land containing at least ten (10) acres
or more, or two (2) or more abutting parcels under the same
ownership having an area of at least ten (10) acres, measured from
the centerline of abutting roads, ususally with a house and other
buidlings, which is principally used fof commercial agricultural
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activities such as raising cash crops and/or livestock in numbers
which do not constitute an animal feedlot, unless the operation is
allowed to keep a larger number of animal pursuant to rights as
specified in Sections 15 and 38 of this Chapter.
Section 3. Section 20-26-2 of the Zoning Ordinance (Farms -
Building Permits) is hereby amended to read as follows:
20-26-2: BUILDING PERMITS: The construction of any building or
structure on a farm as a part of the farm operation shall
require administrative review and approval of the City
Building Official. All other structures, including
residential dwellings and residential accessory structures,
shall require a building permit and be in compliance with the
Uniform Building Code.
Section 4. This Ordinance shall be in full force and effect upon
its passage and publication.
PASSED this 22nd day of March 1999.
ATTEST:
BY:
E1�tine Beatty,
City Clerk/Zoning Administ for
CITY OF OTSEGO
BY4arrvyFX
67,z " , GL -6
ur, ier, Mayor
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CITY OF OTSEGO
WRIGHT COUNTY, MINNESOTA
ORDINANCE #99-03
AN ORDINANCE AMENDING THE OTSEGO ZONING ORDINANCE TO RESPOND TO
DIRECTIVES OUTLINED IN THE COMPREHENSIVE PLAN UPDATE REGARDING FARMS AND
FEEDLOT REGULATIONS, INCLUDING ESTABLISHING PROVISIONS FOR RESGISTRATION
OF EXISTING FEEDLOTS IN THE RURAL SERVICE AREA WITHIN SIX MONTHS OF THE
EFFECTIVE DATE OF SAID ORDINANCE FOR THE PURPOSE OF ALLOWING LIMITED
EXPANSIONS AND ESTABLISHMENT OF A ONE THOUSAND (1,000) FOOT SETBACK
REQUIREMENT FOR NEW RESIDENTIAL DEVELOPMENT.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Section 38 of the Zoning Ordinance (Feedlots) is hereby
amended to read as follows:
SECTION 38
FEEDLOT REGULATIONS
Section
20-38-1: Purpose
20-38-2: Allowed Feedlots
20-38-3: Prohibited Feedlots
20-38-4: Expansion of Animal Units
20-38-5: Structures for Housing Animals
20-38-6: Existing Feedlots: Compliance With MPCA Requirements
20-38-7: Odors
20-38-8: Feedlot Setbacks
20-38-9: New Dwelling Setbacks
20-38-10: Manure Stockpile/Application Setbacks
20-38-11: Destruction of Existing Animal Feedlots
20-38-12: Facility Closure
20-38-13: Abandonment
Section 2. Section 20-2-2.F of the Zoning Ordinance (Definitions)
is hereby amended to read as follows:
Farm: An unplatted tract of land containing at least ten (10) acres
or more, or two (2) or more abutting parcels under the same
ownership having an area of at least ten (10) acres, measured from
the centerline of abutting roads, ususally with a house and other
1
buidlings, which is principally used fof commercial agricultural
activities such as raising cash crops and/or livestock in numbers
which do not constitute an animal feedlot, unless the operation is
allowed to keep a larger number of animal pursuant to rights as
specified in Sections 15 and 38 of this Chapter.
Section 3. Section 20-26-2 of the Zoning Ordinance (Farms -
Building Permits) is hereby amended to read as follows:
20-26-2: BUILDING PERMITS: The construction of any building or
structure on a farm as a part of the farm operation shall
require administrative review and approval of the City
Building Official. All other structures, including
residential dwellings and residential accessory structures,
shall require a building permit and be in compliance with the
Uniform Building Code.
Section 4. This Ordinance shall be in full force and effect upon
its passage and publication.
PASSED this 22nd day of March 1999.
CITY OF OTSEGO
BY
Larry/E' urriier
ATTEST:
BY:
E aine Beatty,
61
City Clerk/Zoning Admi trator
Pursuant to Minnesota Statutes, this Ordinance is published in summary
fashion. Complete copies of the adopted Zoning Ordinance amendment text
are available for inspection by contacting the Zoning Administrator,
Otsego City Hall, 8899 Nashua Avenue NE, Otsego, Minnesota 55330.
Posted: Otsego City Hall 4/13/99
Published: Elk River Star NEws: 4/21/99 2