ORD 07-03ORDINANCE NO.: 2007-03
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN AMENDMENT OF THE ZONING ORDINANCE RELATED TO CONDITIONAL AND
INTERIM USES WITHIN THE VARIOUS DISTRICTS AND CRITERIA FOR
APPROVAL OF ZONING ORDINANCE AMENDMENTS, CONDITIONAL USE
PERMITS AND INTERIM USE PERMITS.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Section 20-2-2 of the Zoning Ordinance is hereby amended to include
the following definitions:
Excavation: Any removal of the natural surface of the earth, whether sod, dirt soil,
sand, gravel, stone or other material creating a depression or depressions.
Excavation for Transport: The practice of excavating material for transport of said
material off of the land on which the excavation occurs that is not related to
development for an approved subdivision or site plan.
Importation of Fill. The transport of sod, dirt soil, sand, gravel, stone or other
material natural to the surface of the earth, but not including mixed municipal
solid waste, construction debris, recyclable metal, plastic, glass or paper material
or other waste, brought onto a land as part of a grading operation not related to
development for an approved subdivision or site plan.
Section 2. Section 20-3-2.F of the Zoning Ordinance is hereby amended to
read as follows:
1. The proposed action's consistency with the specific policies and provisions of
the Otsego Comprehensive Plan.
2. The proposed use's compatibility with present and future land uses of the
area.
3. The proposed use's conformity with all performance standards contained
within the Zoning Ordinance and other provisions of the City Code.
4. Traffic generation of the proposed use in relation to capabilities of streets
serving the property.
5. The proposed use can be accommodated by existing public services and
facilities and will not overburden the City's service capacity.
Section 3. Section 20-4-2.F of the Zoning Ordinance is hereby amended to
read as follows:
1. The proposed action's consistency with the speck policies and provisions of
the Otsego Comprehensive Plan.
2. The proposed use's compatibility with present and future land uses of the
area.
3. The proposed use's conformity with all performance standards contained
within the Zoning Ordinance and other provisions of the City Code.
4. Traffic generation of the proposed use in relation to capabilities of streets
serving the property.
5. The proposed use can be accommodated by existing public services and
facilities and will not overburden the City's service capacity.
Section 4. Section 20-51-3 of the Zoning Ordinance is hereby amended to include
the following provisions:
D. Excavation for transport or importation of fill operations of more than fifty (50)
cubic yards not related to an approved subdivision or site plan, provided that:
1. The use will be in compliance with the provisions of Section 23 and 24
of this Chapter and other provisions of the City Code.
2. The interim use permit shall terminate at a date determined by the
City Council to be adequate to allow for completion of the operation
based upon:
a. The quantity of material to be removed and the plan of
operation
b. Compatibility with present and future land uses in the area.
C. Compliance with the requirements of the Zoning Ordinance
and conditions specific to the interim use permit approval.
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Section 5. Section 20-51-4 of the Zoning Ordinance is hereby amended to read
as follows:
D. Reserved.
Section 6. Section 20-52-3 of the Zoning Ordinance is hereby amended to read
as follows:
C. Excavation for transport or importation of fill of more than fifty (50) cubic
yards not related to an approved subdivision or site plan, provided that:
1. The use will be in compliance with the provisions of Section 23 and 24
of this Chapter and other provisions of the City Code.
2. The interim use permit shall terminate at a date determined by the
City Council to be adequate to allow for completion of the operation
based upon:
a. The quantity of material to be removed and the plan of
operation
b. Compatibility with present and future land uses in the area.
C. Compliance with the requirements of the Zoning Ordinance
and conditions specific to the interim use permit approval.
Section 7. Section 20-52-4 of the Zoning Ordinance is hereby amended to read
as follows:
D. Reserved.
Section 8. Section 20-60-3 of the Zoning Ordinance is hereby amended to
include the following provisions:
A. Temporary seasonal sales of products produced on site (farms only) as
regulated by Section 20-26-8 of this Chapter.
B. The keeping of horses and farm animals, not including feedlots, as regulated
by Section 20-27-4.6 of this Chapter.
Section 9. Sections 20-60-5.13 and E of the Zoning Ordinance are hereby
amended to read as follows:
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D. Reserved.
E. Reserved.
Section 10. Section 20-78-3 of the Zoning Ordinance is hereby amended to
include the following provisions:
C. Open and outdoor storage as an accessory use provided:
1. The storage area is landscaped, fenced, and screened from view of
neighboring uses and abutting Residential Districts.
2. Storage is landscaped and screened from view from the public right-
of-way.
3. Storage area is blacktopped or concrete surfaced.
4. All lighting shall be hooded and so directed that the light source shall
not be visible from the public right-of-way or from neighboring
residences.
5. The storage area does not take up parking space or loading space as
required for conformity to this Chapter.
6. The interim use permit shall terminate upon a change of occupancy or
other date as determined by the City Council in accordance with
Section 20-5-4 of this Chapter.
D. Open or outdoor service, sale and rental (excluding automobile or truck
sales) as an accessory use provided that:
1. Outside sales areas are landscaped and fenced or screened from
view of neighboring residential uses or an abutting residential district.
2. All lighting shall be hooded and so directed that the light source shall
not be visible from the public right-of-way or from neighboring
residences.
3. Areas are asphalt or concrete surfaced.
4. The use does not take up parking space or loading areas as required
for conformity to this Chapter.
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5. Additional parking, pursuant to Section 21 of this Chapter is provided
for said space.
6. The interim use permit shall terminate upon a change of occupancy or
other date as determined by the City Council in accordance with
Section 20-5-4 of this Chapter.
Section 11. Sections 20-78-6.A and B of the Zoning Ordinance are hereby
amended to read as follows:
A. Reserved.
B. Reserved.
Section 12. Section 20-85-3 of the Zoning Ordinance is hereby amended to add
the following provisions:
D. Open or outdoor service, sale and rental (excluding automobile or truck
sales) as a principal or accessory use, provided that:
1. Outside service areas are fenced and screened from view of the
public right-of-way, neighboring residential uses, or an abutting
Residential District in compliance with Section 16 of this Chapter.
2. All lighting shall be hooded and so directed that the light source shall
not be visible from the public right -or -way or from neighboring
residences and shall be in compliance with Section 16 of this Chapter.
3. The use does not take up parking space as required for conformity to
this Chapter.
4. Sales area is hard surfaced to control dust.
5. The interim use permit shall terminate upon a change of occupancy or
other date as determined by the City Council in accordance with
Section 20-5-4 of this Chapter.
E. Accessory, enclosed retail, rental, or service activity other than that allowed
as a permitted use or conditional use within this Section, provided that:
Such use is allowed as a permitted use in a Business District.
2. Such use does not constitute more than fifty (50) percent of the gross
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floor area of the principal building.
3. Adequate off-street parking and off-street loading in compliance with
the requirements of Sections 21 and 22 of this Chapter is provided.
4. All signing and informational or visual communication devices shall be
in compliance with the provisions of Section 37 of this Chapter.
5. The interim use permit shall terminate upon a change of occupancy or
other date as determined by the City Council in accordance with
Section 20-5-4 of this Chapter.
F. Open and outdoor storage as a principal or accessory use provided that:
1. The storage area is landscaped, fenced, and screened from view of
neighboring uses and abutting R Districts.
2. Storage is landscaped and screened from view from the public right-
of-way.
3. Storage area is blacktopped or concrete surfaced unless specifically
approved by the City Council.
4. All lighting shall be hooded and so directed that the light source shall
not be visible from the public right-of-way or from neighboring
residences.
5. The storage area does not take up parking space or loading space as
required for conformity to this Chapter.
6. The interim use permit shall terminate upon a change of occupancy or
other date as determined by the City Council in accordance with
Section 20-5-4 of this Chapter.
G. Physical recreation or training facilities provided that:
1. Hours of operation shall be subject to review and approval of the City
Council.
2. Vehicular access points shall create a minimum of conflict with
through traffic, shall comply with Section 21 of this Chapter and shall
be subject to review and approval of the City Engineer.
3. Adequate off-street parking and off-street loading stalls are provided
in compliance with Sections 21 and 22 of this Chapter.
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4. All signs and information and visual communications devices shall be
in compliance with Section 37 of this Chapter.
5. The interim use permit shall terminate upon a change of occupancy or
other date as determined by the City Council in accordance with
Section 20-5-4 of this Chapter.
Section 13. Section 20-85-6.A and B and C of the Zoning Ordinance are hereby
amended to read as follows:
A. Reserved.
B. Reserved.
C. Reserved.
Section 14. Section 20-85-6.G of the Zoning Ordinance is hereby repealed in its
entirety.
Section 15. Section 20-86-4 of the Zoning Ordinance is hereby amended to
include the following provisions:
C. Open or outdoor service, sale and rental (excluding automobile or truck
sales) as a principal or accessory use, provided that:
1. Outside services, sales and equipment rental connected with the
principal use is limited to fifty (50) percent of the gross floor area of
the principal use.
2. Outside sales areas are fenced and screened from view of
neighboring residential uses or an abutting Residential District in
compliance with section 16 of this Chapter.
3. All lighting shall be hooded and so directed that the light source shall
not be visible from the public right -or -way or from neighboring
residences and shall be in compliance with Section 16 of this Chapter.
4. The use does not take up parking space as required for conformity to
this Chapter.
5. Sales area is hard surfaced to control dust.
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6. The interim use permit shall terminate upon a change of occupancy or
other date as determined by the City Council in accordance with
Section 20-5-4 of this Chapter.
D. Accessory, enclosed retail, rental, service, or processing, manufacturing
activity other than that allowed as a permitted use or conditional use within
this Section, provided that:
1. Such use is allowed as a permitted use in a Business District.
2. Such use does not constitute more than fifty (50) percent of the gross
floor area of the principal building.
3. Adequate off-street parking and off-street loading in compliance with
the requirements of Sections 21 and 22 of this Chapter is provided.
4. All signing and informational or visual communication devices shall be
in compliance with the provisions of Section 37 of this Chapter.
5. The interim use permit shall terminate upon a change of occupancy or
other date as determined by the City Council in accordance with
Section 20-5-4 of this Chapter.
E. Open and outdoor storage as a principal or accessory use provided that:
1. The storage area is landscaped, fenced, and screened from view of
neighboring uses and abutting R Districts.
2. Storage is landscaped and screened from view from the public right-
of-way.
3. Storage area is blacktopped or concrete surfaced.
4. All lighting shall be hooded and so directed that the light source shall
not be visible from the public right-of-way or from neighboring
residences.
5. The storage area does not take up parking space or loading space as
required for conformity to this Chapter.
6. The interim use permit shall terminate upon a change of occupancy or
other date as determined by the City Council in accordance with
Section 20-5-4 of this Chapter.
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F. Physical recreation or training facilities provided that:
1. Hours of operation shall be subject to review and approval of the City
Council.
2. Vehicular access points shall create a minimum of conflict with
through traffic, shall comply with Section 21 of this Chapter and shall
be subject to review and approval of the City Engineer.
3. Adequate off-street parking and off-street loading stalls are provided
in compliance with Sections 21 and 22 of this Chapter.
4. All signs and information and visual communications devices shall be
in compliance with Section 37 of this Chapter.
5. The interim use permit shall terminate upon a change of occupancy or
other date as determined by the City Council in accordance with
Section 20-5-4 of this Chapter.
Section 16. Section 20-86-7.A and B and D of the Zoning Ordinance are hereby
amended to read as follows:
A. Reserved.
B. Reserved.
D. Reserved.
Section 17. Section 20-86-7.K of the Zoning Ordinance is hereby repealed in its
entirety.
Section 18. Section 20-87-3 of the Zoning Ordinance is hereby amended to add
the following provisions:
B. Open or outdoor service, sale and rental as a principal or accessory use,
provided that:
1. Outside service areas are fenced and completely screened from view
of the public right-of-way, neighboring residential uses, or an abutting
Residential District in compliance with Section 16 of this Chapter.
2. All lighting shall be hooded and so directed that the light source shall
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not be visible from the public right -or -way or from neighboring
residences and shall be in compliance with Section 16 of this Chapter.
3. The use does not take up parking space as required for conformity to
this Chapter.
4. The sales area is surfaced to control dust and drainage as approved
by the City Engineer.
5. The interim use permit shall terminate upon a change of occupancy or
other date as determined by the City Council in accordance with
Section 20-5-4 of this Chapter.
C. Accessory, enclosed retail, rental, or service activity other than that allowed
as a permitted use or conditional use within this Section, provided that:
1. Such use is allowed as a permitted use in a Business District.
2. Such use does not constitute more than fifty (50) percent of the gross
floor area of the principal building.
3. Adequate off-street parking and off-street loading in compliance with
the requirements of Sections 21 and 22 of this Chapter is provided.
4. All signing and informational or visual communication devices shall be
in compliance with the provisions of Section 37 of this Chapter.
5. The interim use permit shall terminate upon a change of occupancy or
other date as determined by the City Council in accordance with
Section 20-5-4 of this Chapter.
D. Open and outdoor storage as a principal or accessory use provided that:
The Outside storage areas are fenced and completely screened from
view of the public right-of-way, neighboring residential uses, or an
abutting Residential District in compliance with Section 16 of this
Chapter.
2. Storage area is surfaced to control dust and drainage as approved by
the City Engineer.
3. All lighting shall be hooded and so directed that the light source shall
not be visible from the public right-of-way or from neighboring
residences.
4. The storage area does not take up parking space or loading space as
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required for conformity to this Chapter.
5. The interim use permit shall terminate upon a change of occupancy or
other date as determined by the City Council in accordance with
Section 20-5-4 of this Chapter.
E. Physical recreation or training facilities provided that:
1. Hours of operation shall be subject to review and approval of the City
Council.
2. Vehicular access points shall create a minimum of conflict with
through traffic, shall comply with Section 21 of this Chapter and shall
be subject to review and approval of the City Engineer.
3. Adequate off-street parking and off-street loading stalls are provided
in compliance with Sections 21 and 22 of this Chapter.
4. All signs and information and visual communications devices shall be
in compliance with Section 37 of this Chapter.
5. The interim use permit shall terminate upon a change of occupancy or
other date as determined by the City Council in accordance with
Section 20-5-4 of this Chapter.
Section 19. Sections 20-87-6.A and B and C of the Zoning Ordinance are hereby
amended to read as follows:
A. Reserved.
B. Reserved.
C. Reserved.
Section 20. Section 20-87-7.G of the Zoning Ordinance is hereby repealed in its
entirety.
Section 21. This Ordinance shall become effective immediately upon its passage
and publication.
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MOTION BY: CM Vern Heidner
SECOND BY• CM Tom Darkenwald
ALL IN FAVOR: Mayor Fournier; Councilmembers: Heidner, Stockamp,
Thorsted and Darkenwald
THOSE OPPOSED: NONE
ADOPTED by the Otsego City Council this 26th day of March, 2007.
CITY OF OTSEGO
ATTEsiQ�&kA 14 \�N �x&ay-\
Ju y ud Zoning Administrator/City Clerk
Published: Elk River Star News 04-04-07
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