ITEM 3.4TPC
The Planning Company
PLANNING REPORT
3601 Thurston Avenue
Anoka, MN 55303
763.231.5840
TPC@PlanningCo.com
TO: Otsego Planning Commission
FROM: D. Daniel Licht, AICP
REPORT DATE: 3 October 2019
RE: Otsego — Zoning Ordinance
TPC FILE: 101.01
T-, rUcT., 51W p
ITEM 3.4
City staff has initiated an amendment to the Zoning Ordinance to address a general review of
issues identified in the course of ongoing administration of the City's development regulations
and review of development applications. The proposed amendments address exterior finish
requirements, residential parking, animal kennels, and home occupations. A public hearing to
consider the proposed amendments has been noticed for the Planning Commission meeting on
7 October 2019 at 7:0013M.
Exhibit:
FHWA Vehicle Category Classification
Draft Ordinance
ANALYSIS
Building Area. City staff encountered a conflict between the Zoning Ordinance and Building
Code definitions of building area. The discrepancy is that the Zoning Ordinance only included
enclosed portion of the structure within the calculation of building area, whereas the Building
Code would also include unenclosed area under the projection of the roof. City staff is
proposing to add a definition of building area to the Zoning Ordinance that includes the
projection of the roof when it extends more than 2 feet beyond the walls of the structure
within the building area.
Exterior Finish Materials. The Zoning Ordinance establishes 5 grades of exterior finish
materials for buildings based on aesthetic and durability considerations. New building
technology related to masonry type finishes are available in the form of brick and store face
and masonry veneer that provide greater energy efficiency, lower cost, and ease of installation
while maintaining the quality and appearance of traditional masonry materials. Another new
technology is the use of architectural panels such as those installed on the SuperTarget building
that provide additional opportunities for aesthetic variation and contrast in a weather resistant,
durable product.
City staff proposes to add these materials as allowed exterior finishes for structures in Otsego.
The masonry products would be added as Grade A materials. The architectural panels would
be added as a Grade B, or secondary material. City staff also recommends moving EIFS finishes
from Grade B to Grade C to minimize use as a primary building material.
With the added materials available within Grades A and B, City staff recommends that the
material allowances for industrial uses be changed to required Grade A and Grade B materials
for 75% of a building exterior to promote masonry or masonry panels as the primary exterior
finish, with Grades C and D allowed to be secondary materials used for accent purposes.
Existing buildings that have been constructed within the Otsego Industrial Park, Otsego 1-94
Industrial Park, Gateway North, and Bury Industrial park all comply with the proposed change in
exterior material requirements.
Residential Parking. The City recently amended Section 11-21-4.E of the Zoning Ordinance to
specify that parking on residential properties is limited to vehicles that are rated by the Federal
Highway Administration (FHWA) as Class 3 or 14,000 pounds gross vehicle weight or less.
Residential parking was previously limited to vehicles with a gross vehicle weight of 12,000
pounds or less, which would include heavy-duty pickups and vans often used a personal
vehicles or small commercial vehicles driven by a resident.
City staff has encountered several potential City Code violation issues related to FHWA Class 5
vehicles, which includes heavy duty pickups and/or vans that have dual tires on the rear axle
and a gross vehicle weight up to 19,500 pounds that can also include used for the same
purposes as Class 3 vehicles. City staff discussed the code enforcement issues with the City
Council Administrative Subcommittee.
Based on the potential use of these vehicles by residents either for personal use or their own
employment, the Administrative Subcommittee recommended that the Planning Commission
consider a limited exemption for Class 5 vehicles to be parked on residential properties. The
City Engineer and Streets Supervisor do not have concerns regarding the capacity of City streets
to accommodate a Class 5 vehicle (and distinct from Class 6 or higher classifications).
City staff has drafted an amendment to Section 11-21-4.E of the Zoning Ordinance to provide a
limited exception for parking 1 Class 5 vehicle upon a residential property within an agriculture
or residential zoning district. The proposed exception requires the vehicle to be parked
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indoors or upon a paved driveway in the front, side, or rear yard with out obstructing the
street, sidewalk, or intersection visibility.
Animal Kennels. The Zoning Ordinance currently defines an animal kennel as keeping more
than 2 domestic animals of any one type. Animal kennels are allowed as a conditional use
within agriculture and commercial zoning districts. City staff often deals with violations of the
Zoning Ordinance by residential properties keeping more than 2 dogs or cats. To lessen the
number of potential violators of the Zoning Ordinance while maintaining an appropriate limit
on the number of animals allowed to protect public health, safety and welfare, City staff
proposes to revise the definition of an animal kennel to be keeping more than 3 domestic
animals of any one type. Under this definition, a household could keep 3 dogs and 1 cat for
example.
Home Occupations. City staff is proposing a comprehensive revision f the provisions of the Zoning
Ordinance regulating home occupations. The primary issue in regulating home occupations is to
ensure that they are limited in scale so as not to cause compatibility issues within the residential
neighborhood in which they are located. A secondary issue is that because the City promotes
economic development within designated commercial and industrial areas, home occupations can
create competition for businesses in these areas with unfair advantages in terms of building
requirements, property taxes, etc. The intent of the proposed revisions is to expedite the review
process for the limited number of home occupations allowed based on specific performance
standards. Based on these considerations City staff recommends regulating home occupations as
follows:
■ Allowing all home occupations by administrative permit.
■ Limiting home occupations to only those service activities involving not more than 1 patron
being served at a time, except for instructional classes as an interim use in a single family
home.
■ Not allowing any employees that are not residents of the principal dwelling.
■ Many service businesses such as hair salons are subject to State licensing requirements. The
City also has in place licensing requirements for massage therapy uses.
RECOMMENDATION
City staff recommends approval of proposed amendments of the Zoning Ordinance as
presented in the form attached hereto.
POSSIBLE ACTIONS
A. Motion to recommend approval of an Ordinance amending Title 11 of the City Code
(Zoning Ordinance) as presented by City staff.
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B. Motion to table.
Adam Flaherty, City Administrator/Finance Director
Tami Loff, City Clerk
Andy MacArthur, City Attorney
Ron Wagner, City Engineer
FHWA's 13 Vehicle Category Classification
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Source: Federal Highway Administration (TMG 2013).
ORDINANCE NO.: 2019 -XX
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING TITLE 11 OF THE CITY CODE (ZONING
ORDINANCE).
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Section 11-2-2 of the Zoning Ordinance (definitions) is hereby amended to
include the following definition:
ANIMAL KENNEL: Any place where more than three (3) domestic animals of one type,
over six (6) months of age, are kept, sold, boarded, bred, or exhibited, except hospitals,
clinics, and other premises operated by a licensed veterinarian exclusively for the care
and treatment of animals.
BUILDING AREA: The area included within surrounding exterior walls; areas of the
building not provided with surrounding walls shall be included in the building area if such
areas are included within the horizontal projection of the roof or floor above.
BUILDING MATERIAL RELATED: Masonry Veneer: A finish having a manufactured
non-structural external veneer layer of thin fired clay brick, or natural/artificial stone
exhibiting coursing and joint treatment to match hand -laid brickwork or stonework
aesthetic either anchored or attached directly to an internal structural wall manufactured
as a unit off-site.
Section 2. Section 11-2-2 of the Zoning Ordinance (definitions) is hereby amended to
revise the following building material related definitions:
Brick: The conventional molded rectangular block of baked clay, nominal four inch (4")
width.
Brick and Stone Face: A thin fired clay brick faced or stone faced architectural precast or
tilt -up concrete panel with a cavity cast in, or a plate cast in if the brick runs to the bottom
of the edge so that the brick can be set in the panel after its removal from the for
exhibiting coursing and joint treatment to match hand -laid brickwork or stonework
aesthetic.
Section 3. Section 11-17-4.B of the Zoning Ordinance (Exterior Finish Materials) is
hereby amended to read as follows:
B. Exterior Building Finishes:
1. Grade Categories: For the purpose of this subsection, materials shall be divided into
grade A, grade B, grade C, grade D, and grade E categories as follows:
a. Grade A:
(1) Brick, brick face, or custom masonry units (CMU) having a brick like
appearance.
(2) Glass.
3) Masonry veneer.
(34) Natural or artificial stone.
b. Grade B:
(1) Exterior insulation and finish system (EFS +. Architectural panels with
simulated wood or other natural material finish.
(2) Fiber -cement exterior siding (limited to vertical seam or board/batten
style for commercial, industrial uses).
(3) Integral nnlnr arnhiteGt irally Precast concrete panels having an
exposed aggregate, light sandblast, acid etch, form liner, tooled,
natural stone veneer, brick face and/or cast stone type finish with
integral color or stain exceeding ASTM G154.
(4) IntegFal 10 Specialty concrete block such as textured, burnished
block or rock faced block with integral color or stain exceeding ASTM
G154.
(5) Masonry Stucco.
C. Grade C:
(1) Exterior insulation and finish system (EIFS).
(42) Glass block.
(23) Opaque panels.
(34) Ornamental metal.
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(45) Wood; provided, that the surfaces are finished for exterior use or the
wood is of proven durability for exterior use, such as cedar, redwood
or cypress.
d. Grade D:
(1) inte„�9ral-co;o; Smooth as cast concrete block with integral color or
stain exceeding ASTM G154.
(2) integral GGIGr Smooth scored concrete block with integral color or
stain exceeding ASTM G154.
(3) integral G01Or Smooth as cast concrete panels with integral color or
stain exceeding ASTM G154.
(4) integral calor -Architecturally precast concrete panels having a smooth
as cast finish with integral color or stain exceeding ASTM G154.
e. Grade E:
(1) Aluminum siding.
(2) Steel siding.
(3) Vinyl siding.
Section 4. Section 11-17-4.C.3 of the Zoning Ordinance (Exterior Finish Materials) is
hereby amended to read as follows:
3. Multiple -Family Buildings:
A minimum of fifty percent (50%) of the combined area of all elevations of a
principal building shall have an exterior finish of brick or, brick face, brick
CMU, stucco masonry veneer, and/or natural or artificial stones.
Except for brick or, brick face. brick CMU, stucco, masonry veneer, natural or
artificial stone, rock face block, or cement or wood fiber board, no single
elevation shall have more than twenty five percent (25%) of one type of
exterior finish.
Section 5. Section 11-17-4.E.1.a of the Zoning Ordinance (Exterior Finish Materials) is
hereby amended to read as follows:
a. The primary exterior building finish for principal and accessory buildings shall
consist of gradeA, Q and G materFalsfo these facades faGing a publiG rig"
of-�n � and a minimum of seventy five percent (75%) grade A, n�d� �B nd C
materials together with a maximum of twenty five percent (25%) grade C and
s�s�s
Section 6. Section 11-21-4.E of the Zoning Ordinance (Off -Street Parking) is hereby
amended to read as follows:
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 or gross vehicle weight of 14,000 pounds ' gross
„ehin'e weight` or smaller; off street parking of vehicles Class 4 or gross vehicle
weight of 14.001 pounds(14,001 peund gross veh!Gle—we+gnt) or larger is
prohibited except as provided for by subsection 11-19-4.E.2 of this title.
2. Parking of one (1) Class 5 vehicle with a gross vehicle weight up to 19.500 pounds
accessory to a residential use shall be allowed within an agriculture or residentially
zoned lot provided that:
a. The vehicle is parked within:
1) an accessory structure, or
2) a front yard, or
3) a rear or side yard subiect to the setbacks required for principal
buildinas.
b. The vehicle shall be parked upon and/or accessed via a driveway to a
public street that is surfaced with asphalt. concrete, or paver bricks.
C. The vehicle shall not encroach into the traffic visibility triangle required at
the intersection of two public streets by section 11-16-4 of this title.
d. The vehicle shall not obstruct the public sidewalk, boulevard, or street.
-23. 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.
Section 7. Section 11-26-3 of the Zoning Ordinance (Dog Kennels and Cat Shelters) is
hereby amended to read as follows:
11-26-3: OO&ANIMAL KENNELSAND CAT SHELTERS:
A. No person shall maintain or operate any animal kennel as defined by this title to include
keeping more than three (3) domestic animals of any one type or shelter withei it o linense as-
regulated
sregelated by this Cede -except as may be allowed within individual zoning districts.
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B. A minimum lot size of one1Uacre is required te-be "Lensed for -operation of a an animal
kennel or shelte .
C. Every animal kennel or shelter shall be enclosed or fenced in such manner as to prevent the
running at large or escape of animals confined therein.
D. Seth deg -Animal kennels and Gat shelt shall be open for inspection by the City authorities
at any time.
Section 8. Title 11, Chapter 28 of the Zoning Ordinance (Home Occupations) is hereby
repealed in its entirely and amended to read as follows:
Chapter 28
HOME OCCUPATIONS
11-28-1:
PURPOSE:
11-28-2:
APPLICATION:
11-28-3:
PROCEDURES:
11-28-4:
GENERAL PROVISIONS:
11-28-5:
ALLOWED HOME OCCUPATIONS:
11-28-6:
INSPECTION:
11-28-1: PURPOSE: The purpose of this chapter is to maintain the character and integrity
of residential areas, to prevent competition with commercial districts, to encourage
telecommuting, and to provide a means through the establishment of specific standards and
procedures by which home occupations can be conducted in residential neighborhoods without
jeopardizing the health, safety and general welfare of the surrounding neighborhood.
11-32-2: APPLICATION: All occupations conducted in the home shall comply with the
provisions of this chapter. This chapter shall not be construed, however, to apply to home
occupations accessory to farming, home offices as defined by this title, or other occupations that
do not involve or require the patron to be upon the premises.
11-32-3: PROCEDURES:
A. Administrative Permit:
Except as required by this section, home occupations defined by this title shall
require an administrative permit pursuant to chapter 8 of this title issued subject to
the conditions of this chapter, other applicable City ordinances, and State law.
2. The permit shall remain in full force and effect until such time:
a. There has been a change in conditions
b. The provisions of this chapter have been violated.
There is a change in occupancy or ownership of the premises.
Within one (1) year after granting an administrative permit, the use as
allowed by the permit shall not have been initiated, then such permit shall
become null and void unless a petition for extension of time in which to
complete the work has been granted by the Zoning Administrator. Such
extension shall be requested in writing and filed with the Zoning
Administrator at least thirty (30) days before the expiration of the original
permit. There shall be no charge for the filing of such petition. The request
for extension shall state facts showing a good faith attempt to initiate the
use.
B. Declaration Of Conditions: The Zoning Administrator may impose such conditions on the
granting of an administrative permit as may be necessary to carry out the purpose and
provisions of this section.
C. Effect Of Permit:
An administrative permit may be issued for a period of one year, after which the
permit may be reissued for periods of up to three (3) years each.
2. Each application for permit renewal shall, however, be processed in accordance
with the provisions of chapter 8 of this title regarding administrative permits, except
that no application fee shall be required.
D. Renewal Of Permits:
An applicant shall not have a vested right to renewal of an administrative permit by
reason of having obtained a previous permit.
2. . Each application for the renewal of a permit will be considered de novo without
taking into consideration that a previous permit has been granted. The previous
granting or renewal of a permit shall not constitute a precedent or basis for the
renewal of a permit.
11-32-4: GENERAL PROVISIONS: All home occupations shall comply with the following
general provisions and according to definition, the applicable requirement provisions.
A. Glare, Noise, Odor, Etc.; Prohibited: No home occupation shall produce light, glare, noise,
odor or vibration that will in any way have an objectionable effect upon adjacent or nearby
property.
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B. Equipment: No equipment shall be used in the home occupation shall create electrical
interference to surrounding properties.
C. Incidental To Residential Use: Any home occupation shall be clearly incidental and
secondary to the residential use of the premises, should not change the residential
character thereof, and shall result in no incompatibility or disturbance to the surrounding
residential uses.
D. External Alterations: No home occupation shall require internal or external alterations or
involve construction features not customarily found in dwellings except where required to
comply with local and State fire and police recommendations.
E. Activities Conducted Within Principal Dwelling: All home occupations shall be conducted
entirely within the living quarters of the principal dwelling and may not be conducted in any
portion of an attached private garage or within detached accessory buildings.
F. Exterior Storage: There shall be no exterior storage of equipment or materials used in the
home occupation, except personal automobiles used in the home occupation may be
parked on the site.
G. Compliance With Fire And Building Codes: The home occupation shall meet all applicable
Fire and Building Codes.
H. Displays And Signs: There shall be no exterior display or exterior signs or interior display
or interior signs which are visible from outside the dwelling with the exception of one sign
not to exceed four (4) square feet in area.
Nuisances: All home occupations shall comply with the provisions of title 4, chapter 1 of
this Code regarding nuisances.
Hours: No home occupation shall be conducted between the hours of ten o'clock (10:00)
P.M. and seven o'clock (7:00) A.M.
K. Employment: No person other than those who reside on the premises shall be employed
by the home occupation.
Parking: Home occupations shall not create a parking demand in excess of that which can
be accommodated in an existing driveway or guest parking area for multiple -family
dwellings, where no vehicle is parked so as to obstruct a public street, sidewalk or trail or
private driveway.
11-28-5: ALLOWED HOME OCCUPATIONS:
A. Home occupations include, and are limited to:
Hair or nail salon.
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2. Instructional classes with not more than one (1) pupil at a time. Additional students
receiving instruction at one time may be allowed for single-family uses subject to
approval of an interim use permit.
3. Massage therapy.
4. Photography studio.
5. Small appliance repair.
6. Tailoring, sewing and alternations.
B. Home occupations shall not involve any of the following:
Repair service or manufacturing which requires equipment other than found in a
dwelling.
2. Services which consist of more than one (1) pupil, client, or customer at a time.
3. Over the counter retail sale of merchandise produced off the premises.
4. Outdoor storage of materials or equipment.
11-32-6: INSPECTION: The city hereby reserves the right upon issuing any administrative
permit to inspect the premises in which the occupation is being conducted to ensure compliance
with the provisions of this chapter or any conditions additionally imposed.
Section 9. 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 14th day of October, 2019.
CITY OF OTSEGO
BY:
Jessica L. Stockamp, Mayor
ATTEST:
Tami Loff, City Clerk