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ITEM 3.6 Zoning OrdinanceeF Ot�co MINNESOTA DEPARTMENT INFORMATION Request for City Council Action ;ORIGINATING Planning City Planner Licht 28 October 2019 PRESENTER(s) "I3fUlE1NEpBYITEMS... r Consent City Administrator/Finance Director Flaherty 3.6 — Zoning Ordinance STRATEGIC VISION X Is a strong organization that is committed to leading the community through innovative communication. Has proactively expanded infrastructure to responsibly provide core services. Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. X Is a social community with diverse housing, service options, and employment opportunities. Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS staff recommends approval of an Ordinance amending the Zoning Ordinance. No I Held by Planning Commission 7 October 2019 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 the definition of building area, exterior finish requirements, residential parking, animal kennels, and home occupations. A public hearing to consider the proposed amendments was held by the Planning Commission at their meeting on 7 October 2019 at 7:OOPM. Mr. Jerome Bauer asked for clarification regarding the proposed definition of building area. The Planning Commission discussed the desirability of allowing Class 5 trucks to be parked in residential neighborhoods, and allowance of 1 employee for home occupations. The Planning Commission closed the public hearing and voted 6-0 to recommend approval of the proposed Zoning Ordinance amendment with revisions to more clearly exempt home office uses from requiring a permit and allowing 1 employee for home occupations. No changes were made to the proposed allowance to park 1 Class 5 vehicle on residential lots. m Planning Report dated 3October 2D19 • Ordinance 2019-21 • Summary of Ordinance 2019-21 POSSIBLE MOTION Motion to adopt Ordinance 2019-21 amending Title 11 of the City Code (Zoning Ordinance) as presented d approve publicationinsunnma form. BUDGET INFORMATION NA TPC 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. BACKGROUND 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:OOPM. 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 2 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 anyone 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. 3 B. Motion to table. Adam Flaherty, City Administrator/Finance Director Tam! Loff, City Clerk Andy MacArthur, City Attorney Ron Wagner, City Engineer FHWA's 13 Vehicle Category Classification Class I Motorcycles 'Class 7 Fouror • ® • rik axle, single unit PassengerClass 2 cars �• ` •1 ^� { ���. Pa.•art<�a::..,:_ 11 Q 11 rite Class 8 Four or �I 1 i Class 3 •ur tire, • \J U t; t� NF1. single unit -'� • • Class ' tractorsemitrailer ■r. �� •r, Class 4 'Class 10 Mr. Buses or • U q p tl t> ri- AVIA WAWAWAWAV - O Q O V O O® single trailer rMr Five • •r, multi trailer Class 5 m Two axl a— 0 Six axle, m ulti al •mammMr. tsix railer �1•�Seven Class 13 or more •r, - � • • axle, multi -trailer G ti f) it {) O �) Class 6 Three axle, •r! •�. u€fig r) I� i Jnr single unit /.1s q O C� i c') �J r) �• 9 O O G i) O� O 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 11-17-43 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. ) Masonry veneer. (34) Natural or artificial stone. b. Grade B: (1) Exterior insulation and finish system (EIFS) 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 GoleF arGhiteGturally 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) integral Specialty concrete block such as textured, burnished block or rock faced block with integral color or stain exceeding ASTM Q 54. (5) Masonry -Stucco. C. Grade C: (1) Exterior insulation and finish system (EIFS). (42) Glass block. (2X Opaque panels. (34) Ornamental metal. 2 (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) integral Geier Smooth as cast concrete block with integral color or stain exceeding ASTM G154. (2) 4#egral--cs Smooth scored concrete block with integral calor or stain exceeding ASTM G154. (3) Smooth as cast concrete panels with integral color or stain exceeding ASTM G154. (4) integral Saler-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. A minimum of fifty percent (50%) of the combined area of all elevations of a principal building shall have an exterior finish of bricker. brick face. brick CMU, stucco -masonry veneer, and/or natural or artificial stones. b. Except for brick or, bric ace 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: The primary exterior building finish for principal and accessory buildings shall consist of grade 0 R and C materials fer these of_Away-w4d a minimum of seventy five percent (75%) grade A,Md B, and C materials together with a maximum of twenty five percent (25%) grade C and D materials en all ether des. 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 ou ds 'gress yehl ;e;; eight) or smaller; off street parking of vehicles Class 4 or gross vehicle weight of 14.001 pounds(14,001 peund- gross-veh;sTer���,g", 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 subject to the setbacks required for principal buildings, 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. Z3. Off-street parking and storage of recreational vehicles and equipment shall be as allowed in accordance with section 1118-3.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: DOG -ANIMAL KENNELS AND 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 anyone type er—Aelter without a IiGense regulated by is cede except as may be allowed within individual zoning districts. 0 B. A minimum lot size of one Macre is required te--be licensed f^r ^^eratien of a an animal kennel ^o,s"elte;. 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. Bethdeg-&nimal kennels and Gat shelf rc 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. C. There is a change in occupancy or ownership of the premises, d. 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. I 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, L. 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. 7 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: 1. 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 141h day of October, 2019. CITY OF OTSEGO 3 BY; Jessica L. Stockamp, Mayor ATTEST; Tami Loff, City Clerk ORDINANCE NO.: 2019-21 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 definitions: 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 extending more than two (2) feet beyond the wall of the structure or within the area of the 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. HOME OFFICE: A home occupation consisting of a room or group of rooms used for conducting affairs of a recognized business, profession, or service that does not involve the on-site sale of products or client/patron site visitations operated solely by the occupant of the dwelling and not more than one (1) person that does not reside within the dwelling. 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. (4) Natural or artificial stone. b. Grade B: (1) 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) 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) Specialty concrete block such as textured, burnished block or rock faced block with integral color or stain exceeding ASTM G154. (5) Stucco. C. Grade C: (1) Exterior insulation and finish system (EIFS). (2) Glass block. (3) Opaque panels. 2 (4) Ornamental metal. (5) 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) Smooth as cast concrete block with integral color or stain exceeding ASTM G 154. (2) Smooth scored concrete block with integral color or stain exceeding ASTM G154. (3) Smooth as cast concrete panels with integral color or stain exceeding ASTM G154. (4) 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. A minimum of fifty percent (50%) of the combined area of all elevations of a principal building shall have an exterior finish of brick, brick face, brick CMU, masonry veneer, and/or natural or artificial stones. b. Except for brick, 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 exterior building finish for principal and accessory buildings shall consist of a minimum of seventy five percent (75%) grade A and B materials together 3 with a maximum of twenty five percent (25%) grade C and D materials. 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: 1. Off street parking facilities accessory to a residential use shall be utilized solely for the parking of licensed and operable passenger automobiles, vans, and trucks rated as Class 3 or gross vehicle weight of 14,000 pounds or smaller; off street parking of vehicles Class 4 or gross vehicle weight of 14,001 poundsor 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 subject to the setbacks required for principal buildings. 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. 3. 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: ANIMAL KENNELS: 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 -except as may be allowed within individual zoning districts. M B. A minimum lot size of one (1) acre is required for an animal kennel or shelter. C. Every animal kennel -shall be enclosed or fenced in such manner as to prevent the running at large or escape of animals confined therein. D. Animal kennels 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 within a residential dwelling shall comply with the provisions of this chapter, but shall not be construed, however, to apply to home occupations accessory to farming, home offices as defined by this title, daycare uses as allowed 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. C. There is a change in occupancy or ownership of the premises. d. 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. 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 0 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: Not more than one (1) person other than those who reside on the premises shall be employed by the home occupation. L. 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. 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. 9 5. Small appliance repair. 6. Tailoring, sewing and alternations. B. Home occupations shall not involve any of the following: 1. 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 28th day of October, 2019. ATTEST: Tami Loff, City Clerk N. CITY OF OTSEGO BY: Jessica L. Stockamp, Mayor SUMMARY OF ORDINANCE NO.: 2019-21 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 definitions: ANIMAL KENNEL: BUILDING AREA: BUILDING MATERIAL RELATED: Masonry Veneer: HOME OFFICE: Section 2. Section 11-2-2 of the Zoning Ordinance (definitions) is hereby amended to revise the building material related definitions of brick and brick and stone face. Section 3. Section 11-17-4.13 of the Zoning Ordinance (Exterior Finish Materials) is hereby amended to modify the exterior finish materials allowed as grade A, grade B, grade C, grade D, and grade E categories. Section 4. Section 11-17-4.C.3 of the Zoning Ordinance regulating exterior finish materials for multiple -family buildings is hereby amended. Section 5. Section 11-17-4.E.1.a of the Zoning Ordinance regulating exterior finish materials for building materials within industrial districts is hereby amended Section 6. Section 11-21-4.E of the Zoning Ordinance (Off -Street Parking) is hereby amended to provide allowance for parking one (1) Class 5 vehicle upon a residential property. Section 7. Section 11-26-3 of the Zoning Ordinance (Dog Kennels and Cat Shelters) is hereby amended. Section 8. Title 11, Chapter 28 of the Zoning Ordinance (Home Occupations) is hereby repealed in its entirely and amended to read as follows: 11-28-1: PURPOSE: 11-28-2: APPLICATION: 11-28-3: PROCEDURES: Chapter 28 HOME OCCUPATIONS 1 11-28-4: GENERAL PROVISIONS: 11-28-5: ALLOWED HOME OCCUPATIONS: 11-28-6: INSPECTION: 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 28th day of October, 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.