ITEM 1I �r EE M1
3601 Thurston Avenue N,, Suite 100
Anoka, MN 55303
Phone: 763.23 .6840
Facsimile: 763. 7. 520
TPC@PlanningCo.com
MEMORANDUM
TO: Otsego Planning Commission
FROM: Daniel Licht, AICP
DATE: 1November 2013
RE: Otsego — Zoning Ordinance; Administrative Provisions
TPC FILE: 101.01
BACKGROUND
The City has initiated an update of the Zoning Ordinance and Subdivision Ordinance
following adoption of the 2012 Comprehensive Plan. This memorandum forwards
Sections 1 and 3 to 15 of the Zoning Ordinance for Planning Commission review and
discussion. These chapters generally comprise the administrative provisions of the
Zoning Ordinance as to the processing and criteria for various land use applications
established by the Zoning Ordinance. We have provided the complete section so that
the changes can be reviewed in context and also to allow for additional discussion by
the Planning Commission as to hoer certain applications are processed and evaluated.
Exhibits:
A. Draft Zoning Ordinance Sections `fi, 3-1
ANALYSIS
The Zoning Ordinance establishes in Section I that uses existing upon adoption
of the Zoning Ordinance that are thus classified as conditional uses are
considered to have approved conditional use permits and can continue in a life
manner. The intent of this provision is to avoid creating non -conforming uses
when a permitted use is changed to a conditional use. The sane concept would
apply to interim uses, which must also be referenced.
The procedures for zoning applications are subject to the timelines established
by Minnesota Statutes 15.99 commonly known as the 60 day rule. The
procedures outlined in the Zoning Ordinance for amendments, conditional use
permits, interim use permits, administrative permits, variances and site and
building plan review make reference to this statute.
Language applicable to the process for public hearings has been standardized
for amendments, conditional use permits, interim use permits and variances.
Note that Minnesota Statutes 462.357 requires railed notice for properties within
350 feet of a property raking application for one of these approvals. The City
has established a greater 500 foot notification distance for rural properties based
n platted and unplatted status. The language in the draft {Zoning Ordinance
amendment is clarified to reference the urban and rural service area designations
established by the Comprehensive Plan for greater clarity. However, the
Planning Commission is asked to consider if the two separate notice
requirements should be maintained or if a single standard should be adopted for
consistency.
Provisions requiring an applicant to certify that the property taxes and special
assessments applicable to a property are paid prior to the City giving any
approval are proposed to be added throughout the administrative sections.
X Conditional Use Permits:
Additional criteria are provided as to when an amendment of an existing
CUP may be approved administratively r require Planning Commission
review and Cit} Council approval.
Provisions making the CUP an agreement with the property owner and
allowing the City to initiate revocation of a CLAP are added as an additional
enforcement mechanism.
The interim use permit administration section is expanded to mirror the
requirements of the CUP section.
The variance section is reprised to simplify the procedural requirements.
Additional provisions are also added to this section this section making the
approvals an agreement with the City for enforcement purposes.
No changes to the procedures for appeal of administrative decisions are
proposed in Section 7.
The administrative permft provisions in chapter 8 are expanded to include more
detailed procedures, added language regarding enforcement of the
administrative permit and address non -permit approvals where identified by the
Zoning Ordinance.
® The site and building plan review provisions in Chapter g are expanded t
include more detailed procedures, added language regarding enforcement of the
approval. A detailed listing of information required to be submitted with
applications (cross referenced from other sections) is also included, which is
based on the application checklist the city utilized but has not been detailed in
ordinance form. The city has also required performance agreements for
commercial and industrial developments and this requirement is proposed to b
added to the Zoning ordinance as well.
Chapter 10 establishes provisions for a certificate of Zoning compliance to be
issued prior to occupancy or any change of occupancy for buildings with the City.
This process has not been followed and the language is proposed to be deleted.
Chapter 11 addressing administration and enforcement of the Zoning Ordinance
is proposed to add a provision referencing administrative and civil means of
enforcement.
Chapter 15 of the Zoning Ordinance regulates non --conforming lots and uses
within the city. The provisions are proposed to be reprised to reflect current
statutory requirements regarding the termination of rights to a legal non-
conforming use and provide more specific definition as to the allowed
maintenance of a non -conforming use or building.
a Note that Chapters 12, 13, and 14 are currently reserved for future use.
CONCLUSION
The Planning Commission will review the proposed Zoning ordinance amendments for
Sections 3 to 15 at a work session on 18 November 2013.
C. Lori Johnson, City Administrator
Ta m i Loff$ City Clerk
Andy MacArthur, city Attorney
3
SECTION I
TITLE AND APPLICATION
Section
20-1-1: Short Title
20-1-2: Chapter Purpose
20--1-3: Relation to Comprehensive Municipal Plan
2-1--: Standard Requirements
20-1-: lyses Not Provided within Zoning Districts
20-1-6: Conditional Uses
20-1-7: Separability
20-1-8: S hdl s of Fees, Charges and Expenses
20-1-9: Authority
20-1-1: SHO T TITLE: This Chapter shall be known and may be cited as the Zoning
Ordinance of the city of Otsego.
20-1-2: CHAPTER PURPOSE. This is a regulation for the purpose of promoting and
protecting the public health, safety and general weifare, by regulating the
location, size of buildings and other structures; the percentage of lot which may
e occupied; the size of yards and other open spaces; the density and
distribution of population; the uses of buildings and structures for trade, industry,
residence, recreation, public activities or other purposes; and the use of land for
trade, industry, residence, recreation, agriculture, forestry, soil conservation,
water supply conservation, conservation of shorelands, flood control and other
purposes and establishing standards and procedures regulating such uses.
20-1-3: RELATION TO COMPREHENSIVE E MUNICIPAL PLAN: It is the policy of the
City. of Otsego that the enforcement, amendment, and administration of this
Chapter be accomplished with due consideration of the recommendations
contained in the city Comprehensive Plan as developed and amended from time
to time y the Planning Commission and City Council of the City. The City
Council recognizes the City Comprehensive Plan as the policy for guiding land
use and development in accordance with the policies and purpose herein set
forth.
20-1-4: STANDARD E UI EMENTS:
A. More Restrictive Provisions to Govern: Where the conditions imposed by any
provisions of this Chapter are either more restrictive or less restrictive than
comparable conditions imposed by any other law, ordinance, code, statute,
resolution or regulation, the regulations which are more restrictive or imposed
higher standards or requirements shall prevail.
B. Minimum Requirements- The standards set forth In this Chapter are minimum
um
requirements. The City may impose additional or more stringent zoning
requirements as deemed appropriate to promote and protect the public health,
safety and general welfare of the community.
C. Conformity with this Chapter; No building or structure shall he erected,
converted, enlarged, constructed, reconstructed, moved or altered, and no
building, structure or land shall be used for any purpose nor in any manner which
is not in conformity with the provisions of this Chapter and without a building
permit being issued when required by the City Code.
D. Building Occupancy: Except as herein provided, no building, structure or
premises shall hereafter be used or occupied and no building permit shall be
granted that does not conform to the requirements of this Chapter.
E. [Non -reduction of Yards or Lots: No yard or lot existing at the time of passage of
this Chapter shall he reduced in dimension or area below the minimum
requirements set forth herein. Yards or lots created after the effective date of this
Chapter shall meet at least the minimum requirements established by this
Chapter.
F. Regulation Application: In their application, these regulations shall not abrogate
any easement, covenant, or any other private agreement where such is legally
enforceable, provided, that inhere the regulations of this Chapter are more
restrictive, or impose higher standards or requirements than such easements,
covenants, or other private agreements, the requirements of this Chapter shall be
controlling.
20-1-5: ,.USES NOT PROVIDED WITHIN ZONING DISTRICTS: Whenever in any zoning
district a use is neither specifically permitted nor denied, the use shall be
considered prohibited. In such cases, the City Council or the Planning
Commission, on their own initiative or upon application by a property owner, may
conduct a study to determine if the use is acceptable and if so what zoning
district would e most appropriate and the determination as to conditions and
standards relating to development of the use. The City Council, Manning
Commission, or property owner, upon receipt of the staff study shall, if
appropriate, initiate an amendment to this Chapter to provide for the particular
use under consideration or shall find that the use is not compatible for
development within the City.
20-1--6: CONDITIONAL USES: Any established use or building legally existing prior to
the establishment of this Chapter and which is now classified as a conditional
use may be continued in lie fashion and activity and shall automatically be
-2
considered as having received conditional use permit approval. Any change to
such a use, or any other subsequently approved conditional use, shall, however,
require a neer conditional use permit be processed according to this Chapter.
20-1-7: SEPARABILITY: It is hereby declared to be the intention of the City that the
several provisions of this Chapter are separable in accordance with the following:
A. If any court of competent jurisdiction shall adjudge any provision of this Chapter
to be invalid, such judgment shall not affect any other provisions of this Chapter
not specifically included in said judgment.
B. If any court of competent jurisdiction shall adjudge invalid the application of any
provision of this Chapter to a particular property, building, or other structure, such
judgment shall not affect the application of said provision to any other property,
building, or structure not specifically included in said judgment.
20-1-8: SCHED LES of ADMINISTRATIVE FEES, CHARGES AND EXPENSES:
A. Fees and charges, as well as expenses incurred by the City for engineering,
planning, attorney, and other services related to the processing of applications
shall be established by resolution of the Council and collected by the Zoning
Administrator for deposit in the City's accounts. Fees shall be established for
building permits, conditional use permits, zoning amendments, variances,
planned unit developments, appeals, issuance of a certificate of occupancy,
building relocations, hone occupations, day care nursery facilities, land filling
operations, land excavation/grading, essential services, grind enemy systems,
communication devices, review of site/building plans, parking plans, loading
plans, and such other land use related procedures as the Council may from time
to time establish. The Council may also establish charges for public hearings,
special meetings, or other such Council or Planning Commission actions as are
necessary to process applications.
E. Such fees, charges and estimated expenses as well as a deposit, if so required
y the Zoning Administrator shall be collected prior to City action on any
application. All such applications shall be accompanied by a written statement
between the City and the applicant/landowner when the applicant is not the
sane person or entity as the landowner, both the landowner and the applicant
must sign the agreement whereby the applicant landowner agrees to pay all
applicable fees, charges and expenses as set by Council resolution as provided
above, and which allows the City to assess the above fees, charges and
expenses against the landowner if such monies are not paid within thirty(30)
days after a bill is sent to the applicant/landowner.
12 C. These fees shall be in addition to building permit fees, inspection fees, trunk
storm water facility costs, subdivision fees, charges, expenses and other such
1-3
fees, charges and expenses currently required by the City or which may be
established in the future.
20-1-9: AUT[ ITY: This Chapter is enacted pursuant to the authority granted by the
Municipal ipal Planning act, Minnesota Statutes, Section 462.351 to 462,363.
1-4
SECTION 3
ADMINISTRATION -AMENDMENTS (TEXT AND MAP)
Section
20-3-1:
Amendments to Zoning Ordinance
20-3-2:
Procedure
20-3-3:
ren net — Initiation
20-3-4:
Certification of Taxes Paid
20-3-1: AMENDMENTS To ZONING ORDINANCE: The regulations, restrictions and
boundaries set forth in this Chapter may from time to time be amended,
supplemented, changed or repealed -f `
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20-3-2: 2: PROCEDURE;
619A. Requests forreze ars amendament to the Zoning Ordinance (text or
reap) shall be filed with the City on an official application form form= r
-d
jxocessed in accordance with this Section and Minnesota Statutes 15.99.
1 # ,.,,.,c -An application shall be accompaniedby a fee as provided for by r-ifll
r- n' r r,a l�_j�Se tion 2- -2 of the _City--Qo e.
2. Such application shall alio accompanied ��}fes r 1�r-r1 , 1%.r
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�#�h7r` ' re- it a can la (nnt fcaQQ t .'[..'�_��._... .._1 ��1�� � detailed
written and graphic materials fully explaining the proposed change,
development, or use including the information required_-bV Section 20-9y_6.
of this �h l tert
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3. The request shall be considered as being officially submitted when the
Zoning Administrator etermine that all the information requirements ents acre
complied with.
3-1
. The City Council, the Planning Commission, and the City staff shall have
the authoritv..--to reouest additional information from the _applicant or to
retain expert to timon at the exDense of the applicant, said information is
to be declared necessary to establish erf rmanoe conditions in relation to
all pertinent sections of this Cha ter,
5. Failure on the art of thea lioant to su 1 all neesar s ortie
information may be arounds for denial of the re uest#
B. Proof of Ownership or Authorization: The applicant shall supply proof of title of
the property for which the rezoning is requested, consisting of an abstract of title
or registered property abstract currently certified together with any unrecorded
documents whereby the petitioners acquire a legal ownership or equitable
ownership interest and as applicable le supply documented authorization from the
owners of the property in question to proceed with the requested rezoning.
C. Upon receipt of said application, the City Clerk -shall set a public hearing to be
conducted by the Planning Commission follo inq proper hearing notification as
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_1 - Notice of said hearing shall consist of a legal property description and
description of request, and be published in the official newspaper at least
ten days prior to the hearing.
2. Written notification of said hearing shall be mailed to surrounding area
property owners at least ten days prior to the hearing. Requests
affecting and located within ,nranc W the Urban Service
Area designated rn the Comprehensive Pian shall be noticed to all
property owners within three hundred fifty (350) feet of the property in
question. bequests affecting and located within n , 'I a f cd nropcWnft4e
A L
�Fural Service Area designated by the Comprehensive Plan shall be
noticed to all property owners within fire hundred {500} feet of the property
in question.
3. A copy of the notice and a list of the property owners and addresses to
which the notice was sent shall be attested and made a part of the records
of the proceeding.
D4. Failure of a property owner to receive said notice shall not invalidate any
such proceedings as set forth within this Section provided a bona fide
attempt has been made to comply with the notice requirements of this
Section.
The Zoning Administrator shall instruct the appropriate staff persons to prepare
technical reports where applicable, and provide general assistance in preparing a
recommendation on the action to the Planning Commission and -City Council.
3-2
E. The applicant or a designated representative thereof shall appear before the
Planning Commission and City Council in order to _answer _ uestions concerning
the proposed request.
F# The Planning Commission and City Council shall consider possible adverse
effects of the proposed amendment. Their judgment shall be based upon (but
not limited to) the following factors:
1. The proposed auction's consistency with the specific policies and provisions
of the Otsego Comprehensive Plain.
Z 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.
. 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.
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1Gs The Planning Commission shall rerOMmend ef the mcluesst
make a finding -of fact and recommend such actions or conditions relating to the
request as they deem necessary to carry out the intent and purpose of the
Chapter.
Fi. The City Council shall not acct upon an amendment until they have received a
report and recommendation from the Planning Commission or until sixty(60)
days after the first regular Planning Commission meeting at which the request
was considered.
-K]. Upon completion of the report and recommendation the Planning Commission,
the request shall be placed on the agenda of the City Council* Such reports and
3-3
recommendations sh ll be entered in and made part of the permanent rritt n
record of the City Council r ting.
LJ. Upon receiving the report and recommendation of the Planning Commission and
the City staff , the City Council shall have the option to sot and hold a public
hearing if deemed necessary,
4K. If, upon receiving said reports and recommendations of the Planning
Commission, the City Council finds that specific inconsistencies exist in the
review process and thus the final recommendation of the City Council will differ
from that of the Planning Commission, the City Council may before tarring final
action, refer the ratter back to the Planning Commission for further
consideration. ` � Cni innil Qh ll rr-���irkofh�pnnimr-f CnMrr i nM1 h _
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41 NL.. Approval of a proposed amendment shall require a majority vote of the City
Council. Approval of a proposed Zoning Map amendment which changes all or
part of the existing classification of ar zoning district from agriculture or residential
to business, industrial, or planned unit development that allows for commercial or
industrial uses shall require ar four -fifth's 5's vote of the City Council.
M. The Zoning Administrator shawl provide the applicant and.p.rope.fty owner with
written notice of the Pit Council's findino of fact and decision regardina the
application.
N. The amendment shall not become effective until such time ars the City Council
approves an ordinance reflecting said amendment and after said ordinance is
published in the official newspaper. The City
r at the app.11ar#is_ expense, shall.
record the ordinance with the appropriate Wright County office* No buildin
permits for the nropeay in question will be granted until recording of the action
has been completed.
r Whenever an application for an amendment has been considered and denied by
the Cit} Council, a similar application and proposal for an amendment affecting
the sane property or Ordinance ' change shall not be considered again by the
Planning Commission ission or City Council for at learnt one year from the date of its
denial except as follows:
1 r
Applications are withdrawn prior to the City Council taking action on the
matter.
2. if the City Council determines that the circumstances surrounding
previous application have changed significantly.
3. if the Cit} Council decides to reconsider such ,natter by ar four -fifth's 5's
vote of the entire City Council.
3-4
20.3-3: AMENDMENTS - INITIATION: The City Council or Planning Commission may,
y,
upon their own motion, initiate a request to amend the tet or the district
boundaries of this Chapter. The procedural requirements of Sections 20-3.2.
and 20-3-2,B of this Section shall not apply to such proposed amendments
except to the extent required by State Statute; Any person owning real estate or
having documented interest therein, within the City may y Initiate a request to
amend the district and reap boundaries or text of this Chapter, so as to affect the
said real estate.
20-3-4. CERTIFICATION of TAXES PAID: Prier to auDroving an application for an
amendment, ent, the applicant shall provide certification to the City that there are no
delin cent r ert taxes ectal assessments, interest or City utllit fees due upon
the parcel of land to which the awli ation relates.
3-5
SECTION
ADMINISTRATION - CONDITIONAL USE PERMITS
Section
20-4-1:
Purpose
20-4-2:
Procedure
2-4-3:
�reennent
� y a ■ i
20-4--5 ■
Amended Conditional Use Permits
20-4-65:
Expiration of Conditional Use Permits
2-4-6:
Revocation of Conditional Use Permits
20-4-7:
Performance Security
2-4~0
Certification of Taxes 'aid
20-4-89:
Initiation
20-4-1: PURPOSE: The purpose of a conditional use permit is to provide the City of
Otsego with a reasonable degree of discretion in determining the suitability of
certain designated uses upon the general welfare, public health and safety. In
making this determination, whether or not the conditional use is to be allowed,
the City may consider the nature of the adjoining land or buildings, the effect
upon traffic into and from the premises, or on any adjoining roads, and all other
or further factors as the City shall deem a prerequisite of consideration in
determining the effect of the use on the general welfare, public health and safety.
20-4.2:PROCEDURE:
A. Request ues for a conditional use permit r �i;clo fir 1A1d f,.its h�,-�, z S shall be
filed with the City on an official application form and processed in accordance
with this Section and Minnesota Statutes 15.99.
1 �# application shall be accompanied by a fee as provided for by
ni In it Res�flonSe tion 2-4-2 of theC bode.
2. Such application shall also be accompanied bar IIV%0 k � ;�; � J
,4 nrl f h ireducedrfoo (nntthnn"r%r%plc I %.A i[ed
written and graphic materials fuller explaining the proposed change,
development, or usen lu it the information required by Section 20-9-6
dlin
of this ChaA€t ri If ■ i i 3• aY A+* ■aa � � 1■
4-
3 The request shall be considered as being officially submitted when the
Zoning Administrator determines that all the information ation requirements are
complied with.
. The City Council the Planning -Commission, and the City staff shall have
the authority to request additional information from the applicant ._ r to
retain expert testimonv at the expense of the applicant* said information is
to be declared neessary to establish performance conditions in relation to
II pertinent sections.. of this Chapter.
5. Failure on the art of the anplicant to supall neessa su ortive
information may be grounds for denial of the re nest,
B. Proof of Ownership or Authorization: The applicant shall supply proof of title and
the legal description of the property for which the conditional use permit is
requested, consisting of an abstract of title or registered property abstract
currently certified together with any unrecorded documents whereby the
petitioners acquire a legal ownership or equitable ownership interest and as
applicable supply documented authorization from the owner(s) of the property In
question to proceed with the requested conditional use permit.
C. Upon receipt of said application, the City Clerk shall set a public hearing to be
conducted by the Planning Commission following proper hearing notification as
ap l able Th I j t%., IPian J%Aj jijilitnnI"J C'r,r,r,r is-cdr- a 3twowln cWt I -.{ ��l�epronct nmd rannd ifs.
. .
s
1.
Notice of said hearing shall consist of a legal property description and
description of request, and be published In the official newspaper at least
ten 10 days prior to the hearing.
2. Written notification of said hearing shall be railed to surrounding area
property owners at least ten 10 days prior to the hearing. Requests
affecting and located within the Jrban Seric
Area designated by the Comprehensive Plan shall he noticed to all
property owners within three hundred fifty 350 feet of the property in
question. Requests affecting and located within n-ro1 E 44Ltleft' r. gra f the
M ural Service Area designated by the Comprehensive :_-Flan shall be
noticed to all property owners within five hundred (500) feet of the property
In question.
3. A copy of the notice and a list of the property owners and addresses to
which the notice was sent shall be attested and made a part of the records
of the proceeding.
DA. Failure of a property owner to receive said notice shall not invalidate any
such proceedings as set forth within this Section provided a bona fide
attempt has been made to comply with the notice requirements of this
Section.
HKA
D. The Zoning Administrator shall instruct the appropriate staff persons to prepare
technical reports where applicable, and provide general assistance in preparing a
recommendation on the action to the Planning Commission and City Council.
E. The applicant or a designated representative thereof shall anvear before the
Planning Commission and City Council in order to answer_ estlons concernln
the proposed request.
F. The Planning Commission and City Council shall consider possible adverse
effects of the proposed conditional use. Their judgment shall he based upon (but
not limited to) the following factors:
58 . 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 he accommodated by existing public services and
facilities and will not overburden the City's service capacity.
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4G. The Planning Commission shall make a finding of fact and recommend such
actions or conditions relating to the request as they deem necessary to para out
the intent and purpose of the Chapter.
JH. The City Council shall not consider or act upon a conditional use permit until they
have received a report and recommendation from the Planning Commission or
until sixty 6 days after the first regular Planning Commission meeting at which
the request was considered.
4-3
Ki. Upon completion of the report and recommendation of the Planning Commission,
the request shall placed on the agenda of the City Council. Such reports and
recommendations shall be entered in and made part of the permanent written
record of the City Council meeting.
LTJ. Upon receiving the report and recommendation of the Planning Commission and
City staff, the City Council shall have the option to set and hold a public hearing if
deemed necessary and shall make a recorded finding of fact and may impose
any condition it considers necessary to protect the public health, safety and
welfare.
MK If, upon receiving said reports and recommendations of the Planning
Commission and City staff, the Cita, Council finds that specific inconsistencies
exist in the review process and thus the final recommendation of the City Council
will differ from that of the Planning Commission, the City Council may before
taking final action, refer the matter ac to the Planning Commission for further
.econsiderartion. The i#.. Cn,lnrml h 1I nrnyirlo + o 3"1 At tiino9tJ Cr -naI Itml-cc' th
;x 1# ,6 r c -IJ J%. ri i � �r-9tfir+ r.as ns f r- mfnrr 1, T � r rr-�r�och Ira Qh
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41 NIL. Approval of a request shall require passage by a majority vote of the City
Council.
M. The Zoning Administrator sharp provide the-apr.).licant and property owner with
written notice of the City Council"s findings of fact and decision regarding the
application,
N. if a request for conditional use permit receives approval of the Citv Council the
City at the li nt's enc ense sharp record such with the apprQpriate Wriaht
County office. No buildinq permits for the pronerty in auestion will be granted
until recording of the action has been completed.
O. Whenever an application for a conditional use permit has been considered and
denied by the City Council, ar similar application for the conditional use permit
affecting substantially the same property shall not be considered again by the
Planning Commission or City Council for at least one 1 year from the date of its
denial, except as follows:
'l. If the applicant or property owner can clearly demonstrate that the
circumstances surrounding the previous conditional use permit application
have changed significantly.-
2.
ignificantly._
2. if the Cit} Council determines that the circumstances surrounding a
previous application has changed significantly.
3. if the Cit} Council decides to reconsider such ratter by a four -fifth's 5's
vote of the entire City Council.
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20-4-3: Gr CIJ 1T: The conditional use permit and the stipulations, limitations and
conditions therein shall be applied to the property in question. All written ndria. �`ic
materials officials abr itt d to the Cit shall be treated a a formai agreement b t �r n
the applicant and the Citv. Once approved, no changes, modifications or alterations
shall be made to any Qlan detail standard oL-specifications without prior submission o
plan modification rpau.ps.t to the Zoning Administrator for review and angravaj.
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20"4"5■ AMENDED CONDITIONAL USE PERMITS: 4rw %P.AmenCAI GodFI,rAiattit, Ing 11 1",mnit bo
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f a propertywith a conditional use permit may re se an amendment to modify the
conditional use at any time. No changes in theavoroved plans,intensitv or see of the
conditional use shall freer, be undertaken without prior apmoval of those chary es
the fit . Reguests for permit modifications shall be processed accordin to section
20-4-2 of this Chapter and shall - a su 'ect to all requirements and standards of this
Chapter, exciapt that those perr it modifications meeting the following -criteria,,,-as
determined by the Zoning Administrator, mav be approved administratively ire
accordance with Section f this Chapter:
F Only applications for preexisting uses or uses explicitly classified as allowed
uses, including accessory uses, by the approved conditional u rm t
governinu the use of the property are eligible le for administrative -approval.
B. The ermlt modification shall not result in an increase in hours of o eration
traffic; employees, or number of dwelling -units, e d a prin i l it inn r
otherwise Increase the intensity of the use of the site.:
C. The permit modification shall comply.with all requirements of the applicable
zoning district and all other performance standards of this title or this code.
D. All applications for permit modification shall be coni rete and in furl accordance
with the requirements of section 20-9-6 f this Cht r.
20125 2 R --6: %OF K-Sr.r A-9 5-M91 I e rr9 %mor EX P IR ATI of CONDITIONAL USE PERMITS:
A. Unless otherwise specified by the City Council at the time it is authorized, a
conditional use permit shall be null and void and expire if the applicant fails to
utilize such conditional use permit and fulfill each and eery condition attached
thereto within one 1 year from the date of Its authorization unless a petition for
an extension of time In which to complete or utilize the permit has been granted
y the Zoning Administrator provided that:
I . The extension Is requested In writing and filed with the City at least thirty
(30) days prior to the expiration of the initial conditional use permit
request.
2. The request for extension states facts demonstrating that a good faith
attempt has been rade to complete or utilize the use or activity permitted
in the conditional use permit.
3. A maximum of one 1administrative extension shall he granted.
. The extension shall not exceed ninety 9 days from the initial conditional
use permit expiration date.
5. There shall be no charge for the filing of a petition for an administrative
extension.
B. Upon receiving recommendation from the Planning Commission and City staff,
the City Council may grant an extension of the conditional use permit of greater
than ninety 90days provided that:
1. The conditions described in subsection A.1-3 above are satisfied,
2. The extension shall not exceed one year from the initial conditional use
permit expiration date.
3. The firing of a petition for extension is subject to fee requirements
established by City Council resolution.
C1
20-4-6: REVOCATION of CONDITIONAL USE PERMITS:
A. The Planning Commission may recommend,and the City Council may direct the
revocation of any conditional use -permit for cause upon determination that the
authorized conditional use is not in conformance ance ith the conditions of the permit
or is in continued violation of this Chapter, cit codes or other applicable
re ulations#
B. The City Council or Planning Commission shall initiate an app.l.ication and the
Zoning Administrator shall notify the responsible person that they have an
woortunity to show cause why the permit should not be revoked.
C. The application shall he processed and considered -pursuant to Section 20-4-2 of
phishater.,
20-4-7: PERFORMANCE SECURITY:
A. Except in the case of non -income producing residential property (excluding
relocated structures), upon approval of a conditional use permit the City shall be
provided, where deemed necessary by the Council, with a performance security
as approved by the City Attorney prior to the issuing of building permits or
initiation of work on the proposed improvements or development. ent. said security
shall be non -cancelable and. shall guarantee conformance and compliance with
the conditions of the conditional use permit and the ordinances of the City.
B. The security shall be in the amount equal to the Zoning Administrator's estimated
costs of labor and materials for the proposed improvements or development.
Said project may he handled in stages upon the discretion of the Zoning
Administrator.
C. The City shall hold the security until completion of the proposed improvements or
development and a certificate of occupancy indicating compliance e Frith the
conditional use permit and ordinances of the City has been issued by the City
Building official.
D. Failure to comply with the conditions of the conditional use permit or the
ordinances of the City shall result in forfeiture of the security in whole or in part
depending upon the degree of non-compliance and at the discretion of the City
Council.
E. Whenever a performance guarantee is unposed by the City, the applicant shall
be required to enter into a performance agreement with the City. This agreement
is to provide authorization to the City to utilize the posted security and complete
stipulated work should the applicant fail to meet the terms and conditions of the
permit. Said agreement shall hold harmless the City for completion of the work
and address other matters as may be determined by the City Attorney.
4-8
20-4-8: CE TIFIC TI F TAXES PAID: Prior to-armovina an application for an
conditional use permit, theIl ant shall_pjovide certification to the City that there
no delinguent.nror)erty taxes special assessments interest or City utilityfees due.upon
the parcel of land to which theapplication relates.
20-4-99: I ITT TI !* The City Council or the Planning Commission may, upon their own
motion, initiate a request for a conditional use permit in conformance with the
provisions of this Section. Any person owning real estate or having documented
Interest therein, may Initiate a request for a conditional use permit for said real
estate in conformance with the provisions of this Section.
SECTION
ADMINISTRATION " INTERIM USES
Section
20-5-1:
Purpose and Intent
20-5-2:
Procedures
MCA
20-5-4:
Termination
20---:
Amended Interim Use Permits
20-5-6:
Expiration of Interim Use PermitApproval_
20-5-7:
Revocation of Interim use Permits
20-5-._
Performance Security
20-5-9:
Initiation
20-5-1: PURPOSE AND INTENT: T: The purpose and intent of allowing interim uses is:
A. To alloy a use for a brief period of time until a permanent location is obtained or
while the permanent location is under construction.
B. To allover a use that is presently judged acceptable by the City Council, but that
with anticipated development or redevelopment, will not be acceptable in the
future or will be replaced in the future by a permitted or conditional use allowed
within the respective district.
�. To allover a use which is reflective of anticipated long range change to an area
and which is in compliance with the Comprehensive Plan provided that said use
maintains harmony and compatibility with surrounding uses and is in keeping
with the architectural character and design standards of existing uses and
development,
20-5-2: PROCEDURE:
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A. Request for an interim use permit shall be filed with the City on an official
apRlication form and pLocessed in accordance with this Section and Minnesota
Statutes 1.5_._99.
5-1
. An application shall be accompanied b a fee as provided for by Section
2--2 of the City Code.
2. Such application shall also be accompanied detailed_ written and graphic
materials fully exlainino the or000sed change, development, or use
including the information remired b Section 20-9-6 of this Chapter.
3. The request shall be considered aso_ na off fall submitted when the
Zoning Administrator determines that all the information requirements are
complied with.
. The Citv Council. the Planninc commission. and the City staff shall have
the authority to request additional information from the applicant or to
retain em ert testimony at the em ense of the applicant, said information is
to be declared necessary to establlsh..PQrformance conditions in relation to
all pertinent sections of this Chapter.
5. Failure on the art of the applicant to sup"[ all necessary sumortive
information may be grounds for denial of the request.
B. Proof of Ownership or Authorization; The applicant shall suDply proof of title and
the legal description of the property for which the interim use emit is re uested
consisting of an abstract of title or registered property abstract currently certified
together with any unrecorded documents whereby the petitioners ac uire a legal
ownership or eauitable ownership interest and as licable su I documented
authorization from the owner(s) of the property in question to proceed with the
requested interim use permit.
C. Upon receipt of said application, the Cit
r Clerk shall set a r)ublic hearing to be
conducted by the Planning Commission following ro er hearing notification as
applicable.
Notice of said hearin-gLshall consist of a le al property description and
description of request, and be published In the official news a er at least
ten 1. ....d.ays. ri r to the hearing.
2. Written notification of said hearing shall be mailed to surrounding area
propertyowners at least ten days prior to the hearing. Fie uests
affecting -and located within the Urban Service Area designated by the
Comprehensive Plan shall be noticed to all property owners within three
hundred fifty (3 50) feet of the property in question. Requests affecting and
located within Rural Service Area designated by the Comixehensive Plan
shall be noticed to all ro ert q hers within five hundred Soo feet of the
property in question.
5-2
3. A copyof the notice and a list of the propedy owners and addresses to
which the notice was sent shall be attested and rade art of the records
f the proceeding.
. Failure of..a. property owner to receive said notice shall not invalidate am
such proceedings as set forth within this Section provided a bona fide
atter has been made to comply with the notice re uirements of this
Section.
D. The Zoning Administrator shall instruct the appropriate staff persons to prepare
technical reports where applicable, and rovide enerai assistance in vreparia a
recommendation on the action to the Planning Commission and City Council.
E. The applicant or a designated representative thereof shall appear before the
Planning Commission and City Council in order to answer questions concerning
the proposed request.
F. The Planning commission and City Council shall consider possible adverse
effects of the pr000sed interim use. Their Audgment shall be based upon but no
limited to the following.. factors:
The imposed action's consistency with the specific policies and
provisions of the Otsego Comi2rehensive 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 Citv Code.
. Traffic generation of the moposed use in relation to capabilities of streets
serving the propertL.
5. The proposed use can be accommodated by existing blic services and
facilities and will not overburden the City's servicecapacity.
G. The Planning Commission shall make a findir� of fact and recommend such
actions or conditions relating to the request as they deem necessary to carry out
the intent and purpose of the Chapter.,
H. The City Council shall not consider or act ul2on an interim use permit until thinval
have received a re ort and recommendation from the Planning Commission or
until sit 60days after the first regular Planning Commission meeting at which
the reuuest was_considered,
I. Jon completion of the report and recommendation of the Planning Commission,.
the request shall placed on the a ends of the City Council. Such reports and
5-3
recommendations shall be entered in and made vart of the permanent written
record of the City Council meeting.
J. .......UlDon re eivin the re ort and re ommendation of the Plannin Cor mission and
City staff, the City Council shall have the option to set and } old...a public hearin _ if
in
deemed necessaryand shall make a recorded findingof fact and may ins aS-
any condition it considers necessary to protect the public health* safety and
welfare. .................._ .. .
K. If, upon receiving said reports and recommendations of the Planning
Commission and City staff= the City Council finds that specific inconsistencies
exist in the review voess. and thus the final recommendation of the City Council
ill differ from that of the Planning Commission, _ the pity Council may before
---------------
taking final action, refer the matter back to the Planning Commission for further
consideration.
L. Approval of a request shall require passage by a majority vote of theCity
Council.
M. The Zoning Administrator shall provide the applicant and prope.ft_ owner with
written notice of the City Council's findings of fact and decision regarding the
ar)Oication.
N. If a re uest for an interim use permit receives approval of the City Council the
C.ily at the applicant's expense, shall record such with thea ro riate Wright
ht
County office. No building permits for the pop rty...M... nest on will be granted
until recording of the action has been coni letedt
. Whenever an aD ri ation for an interim use r ermit has been considered and
denied by the City Council* a similar application for the interim use perm it
affectingubstantid[ the carne propertv shall not be considered main by the
Planning. -Commission or City Council for at least one year from the date of its
denial, except as follows:
If the applicant or property owner can learE demonstrate that the
circumstances therevious. interim use permit application
have changed significantiv..
2. If the City Council determines that the circumstances surrounding a
previous application has and_s_inifantl.
3. if the City Council decides to reconsider such natter by a four-fifth's(4/5's)
vote of the entire City Council.
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AGREEMENT: The interim use permit and the stipulations, limitations and
conditions therein shall be applied to the... property in question. All written and graphic
materials officially submitted to the City shall be treated as a formal agreement ent etween
the app.licant and the -City. Once apQroved, no than es modifications or alterations
shall be made to any plan detail standard or snecifications itho t rior submission of
a plan modification re est to the Zoning -Administrator for review and ao ro al.
20-5-4: TERMINATION: An interim use shall terminate on the happening of any of the
following events, whichever first occurs;
A. The date or event stated in the it- rim use permit,
B. Upon violation of conditions under which the interim use permit was issued.
C. Upon change in the City's zoning regulations that renders the use non-
conforming.
D. The redevelopment of the use and property upon which it is located to a
permitted or conditional use as allowed within the respective zoning district.
20-5-5: AMENDED INTERIM USE PERMITS; The owner of a Propedywith an interim
use permit may ro ose an amendment to rodif the interim use at -any at-anytime. No
changes in the auvroved i2lans, intensitv or scope of the interim use shall howeverbe
5-5
undertaken without -prior approval of those changes by the City. Requests for permit
modifications shall be processed according to section 20-4-2 of this Cha.T,ter and shall
be subiec to all re irements and standards of this Chapter, except that those permit
modifications meeting....the following criteria* as determined by the Zoning Administrator,,
trator,,
may be roved administrative[ in accordance with Section 8 of this Chapter.
A. Only applications for reexistin uses or uses expli.citly classified as allowed
uses includingaccessory uses, by the approved interim use permit governing
the use of the property are eligible for administrative approval.
B. The Dermit. modification shall not result in an increase in hours of operation,,
traffic employees, or number of dwelling units, expand any principal building or
otherwise increase the intensity of the use of the site.
CM The permit modification shall co,MPIY with all re ui ements of the applicable
tonin district and all other perfo.mance standards of this title or this code.
D. A.I.I.A.pplications f r permit modification shall be con3gLete and in full accordance
with the requirements of section 20-9-6 ofthis Chapter.
20-5-6- EXPIRATION of INTERIM USE PERMIT APPROVAL
A. Unless otherwise specified by the City Council at the time it is authorized. an
interim use err it shall be null and void and enc ire if the applicant fails to utilize
such interim use permit and fulfill each and eveu condition attached thereto
within one year from the date of its authorization unless a petition for an
extension of time in which to compLete or utilize the permit has been granted
the Zoning Administrator provided that:
The extension is reqU=e
=ptedinwriting-and filed with the City at least thirty
(30).days, prior to the expiration of the initial interim use permit request.
2. The request for extension states facts demonstrating that a uood faith
atterr t has been made to complete or utilize the use or activity permitted
in the interim use permit.
3. A maximum of one 1 administrative extension shall be granted.
. The extension shall not exceed ninety 90days from the initial interim use
errmit expiration date.
5. There shall be no charge for the filing of a petition for an administrative
extension.
B. UROn receiving a recommendation from the Planning Commission ion and City staff,
o � _
the Cit may grant an extension the interim rnnit greater than
ninety(90) days provided that: T�. � ......................_._.._ ._.
I . The conditions described in subsection A.1-3 acre are satisfied.
2# The extension shall not exceed ne I ear from the initial interim use
permit expiration date.
3. The filing -of a petition for extension is suet to fee re uirer ents
established.by City Council resolution.
20-4-7: REVOCATION F INTERIM s PERMITS:
At The Plannine Commission may recommend, and t . _ C.-i-tv Council may direct _the
revocation of any interim use permit for cause -upon determination that the
authorized interim use 1s not in conformance with the conditions of the permit or
is in continued violation of this Chapter, ...City_codes r other applicable
reaulations.
B. The City Council or Planning Commission shall initiate an application and the
Zoning.Administrator r shall r t the res n ible ors n that the have an
opportunityto show cause why the -permit should not be revoked.
C. TheApplLication shall be processed and considered ursuant to Section 2--2 of
this Chapter.
20-4-8: PERFORMANCE SECURITY:
A. Except in the case of non -income producing residential property (excludina
relocated structures), uori r ural of an interim use permit the.city shall be
ro lded, where deemed necessary b the Council, with a oerformance securlt
as roped by the fitAttorne prior t the iss ire ofbuilding—pp.,nits r
initiation of work n the proposed improvements or development Said security
shall be non -cancelable and shall guarantee conformance and compliance with
the conditions of the interim use permit and the ordinances of the City,
B. The security shall be 1n the amount egual to the Zoning Administrator's inistrator's estimated
costs of labor and materials for the...-.p=Coposed improvements or development.
Said proiect may e handled in stages.......upon the discretion of the Z niffl
Administrator.
C. The City shall hold the security until comoletion of the proposed improvements or
development and a certificate of occupancy indi atin compliance with the
interim use permit and ordinances of the City has been issued by the C
Building Official.
D. Failure to comply with the conditions of the interim use emit or the ordinances
f the City shall result in forfeiture of the security in wholer in part depending
upon the degree of non-compliance and _ t the_discretion of the City Council.
E. Whenever a r)erformance auaranteeis immsed by the City, the aDDli ant shall
be required to enter Into a performancer nm nt with the City. This agreement
to provide authorization to the City to utilize the -posted security -and complete..
stipulated work should the applicant fall to meet the tetras and conditions_of the
permit. Said agreement shall bold harmless the Cit for corms [tin of the work
and address other matters as may be determined by the City Attorney._
20-5-9: INITIATION: The City Council or the Plannl a Commission mavr upon their own
motion initiate a request, for an interim use i)ermit in conformance with the
provisions of this Section, Any person owning real estate or having documented
Interest therein, may initiate a request for an interim use...permit it for said real
estate In conformance with the provisions of this S tl n.
SECTION 6
ADMINISTRATION -Y IAC s
Section
20-6-1:
Purpose
20-6-2i
Board of Adjustments and Appeals
20-6-2:
General Provisions and Standards
20-6-3:
_ _...i...A A.
3
Procedures
1111;Y' nr l In r*�i n ' e
■ ■
2o--6 ■
i t
nr pnnas
Agreement
20-6-45:
of Variance Approval
20-6--56#
Performance Security
20-6-7:
Certification of Takes Paid
6720-6--1: PURPOSE: The purpose of this Section is to provide for deviations from the
literal provisions of this Chapter in instances where their strict enforcement would
cause practical difficulties because of physical circumstances unique to the
individual property under consideration, and to grant such variances only when It
is demonstrated that such actions will be In keeping with the spirit and intent of
this Chapter and the Comprehensive Plan.
20-6-2: BOARD of ADJUSTMENT AND APPEALS:. The Cily Council shall serge as
the Board of Adjustment and Appeals.
.._... ........_..-----% }.;�;� A variance request (major or minor) shall not be approved
unless a finding is made by the City Council that failure to grant the variance will
result in practical difficulties.
1. "Practical difficulties" means that the property owner proposes to use
the property in a reasonable manner not permitted by this Chapter and
include, but are not limited to, inadequate access to direct sunlight for
solar energy systems.
2. The applicant for variance shall also demonstrate that the request satisfies
the following criteria:
ai That the variance would ld be consistent with the Comprehensive
Plan.
Lem
. That the variance would he in harmony with the general purposes
and inert of this Chapter.
G. That the plight of the landowner is due to circumstances unique
to the property not created by the landowner.
d. That the purpose of the variance is not exclusively economic
consideration.
e. That the granting of the variance will not alter the essential
character of the neighborhood in which the parcel of land is located.
f* That the requested variance is the minimum action required to
eliminate the practical difficulty.
3. Variances may not be approved for any use that is not allowed under
this Chapter for property in the Zoning District where the land is
located.
4. The Planning Commission, in the case of a major variance, and based
upon a report and recommendation by the City staff, shall have the poorer
to advise and recommend such conditions related to the variance
regarding the location, structure, or use as it may deem advisable in the
interest of the intent and purpose of this Chapter.
The City Council shall in granting any variance under the provisions of this
Section designate any conditions in connection therewith as will, in its
opinion, secure substantially the objectives of the regulations or provisions
to which the variance is granted, as to light, air, and the public health,
safety, comfort, convenience and general welfare.
20-6-3: PROCEDURES:
At Minor Variances:
`l Purpose, The purpose of this Section is to provide for an expeditious
,method of processing variance requests.
2. Qualifications. Requests qualifying as minor variances must meet one of
the following criteria:
67 a. Cases where practical difficulties to existing buildings or platted
property are created as a result of public action or charge in City
Code standards other than those amendments
affectina floodplain, shorelandt wetland, and/or gild and scenic river
regulations).
6-2
. Structure or setback deviations which are characteristic of and
common to neighboring uses and which do net exceed five 5 feet
r more than a ten 1 percent departure from a standard
established by this Chapter.
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q .
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deemed "major" variances!
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C. Processing. A Request for a minor r major variance shall b filed with the Citi
Processing.
on an official application form and processed in accordance with this Section and
Minnesota Statutes 15.99.
' . n application shall be accomnanied by a ee as provided for by Section
2-4-2 of the City. Coal.
2. Such application shall also be accompanied detailed written and graphic
materials fully explaining the go used change, development, r_ use
including the information re uired by Section 20-9-6 of this Chapter._
3. The ro uost shall be considered as being officially submitted when the
Zoning Administrator determines that all the information requirements are
complied with._
. The City Council. the Planning Commission. and the City staff shall have
the authority to request additional information from the applicant or to
,retain expert testimony at the exK)ense : f_the _apOicant, said information is
to be declared necessary to establish erforman a conditions in relation to
all pertinent sections of this Chapter.
5. Failure on the art of the applicant to supply all necessary su ortiv
information may be grounds for denial of the reguest.
E. Proof of OwnershiR or Authorization: The applicant shall supply roof of title and
the legal sri tion of the property for which the interim use permit is requested
consisting of an abstract of title or rg.jt==property abstract currently certified
together with any unrecorded documents whereby the pet.itio.ners acquire a legal
ownership or equitable ownership interest and as applicable supply documented
authorization from the owner(-p)--..of_.._the property in guestion to proceed with the
rested interim use permit.
C. Upon receipt of said kation for a major variance the Cit Clore shall set a
.,
uli hearinu to conducted thePlanning-Commission following proper
hearing notification as applicable.
Notice of said h arir shall consist of a legal propeftdescription and
description of reuuest# and be nublished in the official newspaper at .least
ton (10) days prior to the hearing
2. Written notification of said hearing shall be mailed to surrounding area
property owners at lust ten (l..O).... a s.... rl rto the hearing. Reguests
ffo ti and located within the Urban Service Area designated_ _by the
Comprehensive Plan shall be noticed to all property owners within three
hundred.fifty...(3§=Oj fejt of the property in uostion.uosts affctin and
located within Rural Service Area designat .d _by the C mr her si o Plan
shall be noticed to all propert owners within five hundred (5 00) feet of the
property in question.
3. A copvf the notice and a list of the promft owners and addresses to
which the notice was sent shall he attested and made aart the records
of the pro eedin .
. Failure of a property owner to receive said notice shall not _ invalidate any
such proceedings as set forth within this Section vovided a bona fide
attempthas been made to cora I with the notice re uirer encs of this
Section.
D. The Zoning Administrator shall instruct the appropriate staff,persons to vrepare
technical ro orts where applicable, and orovide general assistance in....P.reparing a
recommendation on the action to the Planning Commission and City Council,
Et The applicant or a designated representative thereof shall appear before the
-Planning Commission and City Council in order to answer uestionson ernin
the proposed rawest,
F. The Planning Commission shall make a finding of fact and recommend such
actions or conditions relating to the re nest as the deem necessary to carry out
the intent and purpose of the C_hator.
G. The City Council shall not consider or act upon an variance until they have
received a report and recommendation from the Planning -Commission or until
sit(60).davs after the first regular Planning Commission meeting atwhi h the
request was considered.
H. Upon corp letion of the re ort and r ommendation of the Plannin Com ission
the request shall placed on the agenda of the City Council. Such reports and
recommendations shall be entered in and made part of the .ermanent written
record of the City Council meetin .
U n re eivino the report and recommendation of th -Piannin Commission and
C.lt --staff, the City Council shall have the option to set and hold..a.-public hearing i
deemed necesaam and shall make a recorded finding of fact and may impose
anv condition it considers necessary to protect the public health safety and
welfare.
J. if, upon receivino said reports and recommendations of the PlannLn
Commission and Cftv staff, the Ciw Council finds that snecific inconsistencies
-------------
e ist in the review ro ess and thus the final recommendation of the City Council
will differ from that of the Plannin Commission the City Council may before
taking final action refer the matter back to the Plannrn Commission for further
consideration.
K. App.oval of a re nest shall require.. passage by a four-fifths 5maiplity Grote of
the City Council,
L. The Zoning Administrator shall provide the applicant and Droperty owner with
mitten notice of the City Council's findings of fact and decision re ardin the
application.
M. if a re nest for variance receives awroval of the City Council the Cit at the
Ii ant's expense, shall record such with the appropriate Wright County office.
No building permits for the property in question will be granted until recording -of
the action has been completed.
NWhenever an application for variance has been considered and denied by the
City Council a similar application for the variance affecting -Substantially the
same Droperty shall not be considered again the Planning Commission or Cit
Council for at least one year from the date of its denial except as follows:
If the applicant or property owner can clearly demonstrate that the
circumstances surrounding the previous variance application have
changed significantly.
2. If the City Council determines that the circumstances surrounding a
revious application has than ed si nifl antr
3. If the City Council decides to reconsider such natter by a four -fifth's L415 s
Grote of the entire City Council.
20-6-4: AGREEMENT: The variance_ ....... the sti ulations limitations and conditions
therein shall be appl.ied to the property in question. All written and -graphic. materials
officially submitted to the City shall be treated as a formal a re meat between the
applicant and the City. Once approved, no changes, modifications or alterations shall
e made to any p.l.an detail standard or s ecif[cations. without prior submission of a
plan modification request to the Zoning Administrator for review and approval.
roval.
0 20-6-45: EXPIRATION of VARIANCE APPROVAL:
A. Unless otherwise specified by the City, if within one 1 year after granting a
variance the use as allowed her the variance shall not have been initiated or
utilized, then such a variance shall become null and void unless a petition for an
extension of time in which to complete or utilize the variance has been granted
by the Zoning Administrator provided that:
The extension is requested in writing and filed with the City at least thirty
(30) days prior to the expiration of the initial variance request.
2. The request for extension states facts demonstrating that a good faith
attempt has been made to complete or utilize the variance that has been
granted..
6-1
3. A maximum of one 1 extension shall be granted.
. The extension shall not exceed sift' 60days from the initial variance
expiration date.
B. There shall be no charge for the filing of a petition for the extension described in
Subsection A$ above.
20-6-,56: PE FO I ANCE SECURITY:
A. Upon approval of a variance, the City shall he provided, where deemed
necessary by the City Council, with a performance security as approved by the
City Attorney prior to the issuing of building permits or initiation of work on the
proposed improvements or development. Said security shall guarantee
conformance and compliance with the conditions of the variance and City
ordinance provisions.
B. The security shall be in the amount equal to the Zoning Administrator's estimated
costs of labor and materials for the proposed improvements or development.
C. The City shall hold the security until completion of the proposed improvements or
development and a certificate of occupancy indicating compliance with the
variance and City Code provisions has been issued by the Building Official.
D. Failure to comply with the conditions of the variance or appeal and City Code
provisions shall result in forfeiture of the security in whole or in part depending
upon the degree of non-compliance and at the discretion of the City Council.
E. Whenever a performance guarantee is imposed by the City, the applicant shall
be required to enter into a performance agreement with the City. This agreement
is to provide authorization to the City to utilize the posted security and complete
stipulated work should the applicant fail to meet the terms and conditions of the
variance. said agreement shall bold harmless the City for completion of the work
and address other natters as may be determined by the City Attorney.
20--6-7: CERTIFICATION of TAXES PAID: Prior to awroving an application for
variance the applicant shall provide certification to the Cit drat there are no delinquent
proDertv taxes s ec[al assessments.......interest,,.. r City utility fees due n the parcel of
land to which thea [[cation relates.
6-11
SECTION 7
ADMINISTRATION ATIO[ , APPEALS
Section
20-7-1: Board Designation
nation
20-7-2: Applicability
20-7-3: Pr edures
20-7-4; Star of Proceedings
20-7-5: Appeal
20-7-1: BOARD DESIGNATION: The City Council shall serve as the Board of
Adjustment and Appeals.
20-7-2: APPLICA ILITY: An appeal shall only be applicable to ars Interpretation of
legislative intent of provisions of this Chapter. City Staff opinions and evaluations
as they pertain to the impact or result of a request are not subject to the appeal
procedure.
20-7-3*9 PROCEDURES:
AF An appeal from the ruling of an administrative officer of the City shall be rade b
the property owner or their agent within thirty 30days after the making of the
order being appealed.
B. The property owner or their agent shall file with the City a notice of appeal stating
the specific grounds upon which the appeal is made.
C. Any appeal filed shall be comprehensive and include all matters subject to
question. Subsequent appeals filed by the sane individual or group which are
intended to cause unjustifiable delay in the decision making process shall not be
accepted by the City.
D. The filing of an appeal shall be accompanied by a fee as provided for by City
Council resolution.
E. The Board of Adjustment and Appeals shall rale a Finding of Fact and its
decision by resolution within sit 60days from the date at which the City
Council fiat considered the appeal.
20-7-4: STAY of PROCEEDINGS: An appeal stars all proceedings in furtherance of
the action being appealed unless it is certified to the Board of Adjustment and
Appeals, after the notice of appeal is filed, that by reason of facts stated in the
--1
certificate a stay would cause imminent peril to life and property. In such case,
proceedings shall not be stayed other than by a restraining order which may be
granted by a court of record on application, on notice to the City.
20-7-5: A PEALS FROM DECISIONS of THE BOARD of ADJUSTMENT AND
APPEALS: Any person or persons or any board, taxpayer, del arty ent, board or
bureau of the City aggrieved by any decision of the Board of Adjustment and
Appeals, shall have the right to seek review within thirty 3 days of the decision
with a court of record of such decision in the manner provided by the lags of the
State of Minnesota, and particularly Minnesota Statutes, Section 462 as such
statute may be from time to time amended, supplemented or replaced.
7-2
SECTION 8
0 ASD TMST ACTIO - ADMINISTRATIVE PERMITS
Section
20-8-1: Purpose
20-8-2: Procedure
R-2. 1nfGrn-wn+;nn Rao, OwQmanf
.. ,..
20-8-43: Performance Standards
20---: Agreement
20
—8-5:
— � 1"Y a n 00 1 1 F'l 11 T' '+Ie I rig
Y1 N i r 1f
20-8-6: E iration of Administrative Permit co al
2--7: certification of Taxes Paid
20-8-1: PURPOSE: The purpose of this section is to establish regulations and
procedures for the processing and consideration of activities allowed by
administrative permit, with the goal of protecting the health, safety, and welfare of
the citizens of the City.
20-8-2: PROCEDURE:
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A. Request for an administrative permit shall be filed with the City on an official
application form and orocessed in accordance with this Section and Minnesota
ota
Statutes 15.99.
An application shall be accompanied by a ee as Drovided for by Section
2-4-2 of the City Code.
2. Such app.l.ication shall also be accorr anied detailed written andra hic
,materials fully explaininq the proposed charge, development, or use
including the information required.. Section_ 20-9-6 - f this Chapter.
3, The reauest shall be considered as being official[ submitted when the
Zoning Administrator determines that all the information r uirements are
complied with.
4. The on[r Administrator shall have the authority to re uest additional
information from the gMlicant or to retain expert testimon at the expense
of the (r ant said information is to be declared necessary to establish
performance conditions in relation to all pertinent sections of this Chapter.
. Failure on the part of the a licant to supply all necessarv-supportive
information rnay grounds for denial of the re uest.
B. Proof of Ownership or Authorization: The applicant shall supplY Proof of title and
the legal description of tinero erty for which the administrativepermit is
............ .
requested, cons istin of an abstract of title or registered property abstract
currently certified to ether with any_unrecorded documents whereby the
petitioners acquire a legal ownership or equitable ownershiD interest and as
applicable su piy documented authorization from the owner(s) of the. property. In
uestion to proceed with the requested interim use permit.
C. The Zoning Administrator shall review the application and related materials and
shall determine In consultation with other City staff as may a appropriate, that
the proposal is in compliance with all applicable evaluation criteria, codes,
ordinances, and applicable performance standards,
D. The Zoning Administrator shall consider possible adverse effects of the proposed
events or activity. Judgment shall be base upon (but not limited to) the following
factors;
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The proposed auction's consistency with the e ifl policies and rovlslons.
f the Otsego Com reh nslve Plan.
2. The ro osed use's compatibility with resent and future rand uses of the
area.
3. The oroposed use's conformit with all performance standards contained
within the Zoning Ordinance and other Provisions of the City Code.
t Traffic generation of the proposed use in relation to abilities, of streets
serving the property.
5. The Droposed use can be accommodated by e istinpublic services and
facilities and will not overburden the City's service capacitv.
administrativeE. The Zoning Administrator shall make a determination on approval or denial of th......
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F A written permit shall be issued to the applicant when a determination of
compliance has been made. Specific conditions to assure compliance with
applicable evaluation criteria, codes, ordinances, and the standards of this
Chapter shall be attached to the permit.
G. Determination of non-compliance with applicable codes, ordinances, and the
standards in this paragraph shall be communicated to the applicant In writing and
the application for the permit shall be considered denied, -s u6thon—fon 11CI
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and the Zoning Administrator shall provide the applicant and Droperty owner with
written notice of the City Council's findings of fact and decision reaardina the
application.
H. Unresolved disputes as to administrative application of the requirements of this
paragraph shall be subject to appeal as defined by Section of this Chapter.
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20-8-43: F MA CE STANDARDS; All uses, events or activities all w d by
administrative permit shall conform to the applicable standards outlined in the zoning
district in which such use, event or activity is proposed.
20-8-4: AGREEME Ti The administrative oermit and the stb lati ns.! limitations and
conditions therein shall be appl.ied to the property In question. All written and graphic
materials rialsoff lciall ub itt d to the City shall be treated as a formal Lqreement between
the applicant and the City. Once approved, no changes, modifications or alterations
shall be rade to anv plan detail standard ..... ...r specifications without prior submission f
c lan modification request t the Zoning A. .dministrator for review and arival,
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NON -PERMIT APPROVALS: In cases where the Zoning Administrator is given
a r val authority without a reauirement for an administrative permit
determinations shall be based upon the criteria outlined in Section 20-8-2.D this
Chapter.
20-8-6: E PIRATI N OF ADMINST ATIVE PERMIT APPROVAL: Unless otherwise
specified by the Zoning Administrator at the time it is authorized ars administrative
permit shall be null and void and expire if the applicant fails to utilize such administrative
ermit and fulfill each and every condition attached thereto within one vear from the
date of its authorization unless a petition for an extension of time in which to cora lete
r utilize the permit has been ranted bthe Zoning Administrat r i2rovided that:
A. The extension is re nested in writing and filed with the City of least thirty�
days p.rio.r to the a nlrati n of the initial administrative permit request.
B. The re nest for extension states facts demonstrating that a good faith attempt
has been made to corp Tete or utilize the use or activitv Permitted in the
administrative permit.
C. A maximum of one (1) administrative extension shall be granted*
D. The extension shall not exceed ninety days from the initial administrative
permit expiration date.
E. There shall be no charge for the filing f petition for an administrative
extension,
20-8-7. CERTIFICATION OF TAXES PAID: Prior to awroving an application_ for an
ar endment the li ant shall 12rovide certification to the City that there are n
delinquent property takes, special assessments, interest, or C.ity.... tility.. fees _ due uon
the parcel of land to which the application relates,
SECTION 9
ADMINISTRATION - SITE/ rLDING PLAN REVIEW
Section
20-9--1:
Purpose
20-9-2:
lir Application
20-9-3:
! 1 l 1 1 T l LS f S e
20-9-4:
Pkain. -Agreements
20-9--5.
Expiration of Site and uil [n Plan Approval
20-9-6: :
Information Requirement
2--:
Performance Su&
20-9-8:
Certification of Taxes Paid
20-9-1: PURPOSE The purpose of this Section is to establish a formal plan review
procedure and provide regulations pertaining to the enforcement of site design
and construction standards as agreed to by the contractor through officially
submitted plan documents.
P1 Ahl 12P(711 1[Prmr)- in t ■ s s i s
20-9-2: f
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WI "ICY %41i faI er ,;t.AP LICATIo : Except in the case of minor projects,.
additions or alterations or accessory uses, as determined by the Zoning
Arninistrtor, all building and site plans for........tornhousernult* farnity,
commercial, or industrial construction shall be subject to review by the Planning
Commission and ..a p rova l by the City Council.
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20-9-3: PROCEDURE:
9-1
A. Request for site and building plan a Dr val shall bfiled with the City on an
official application form and processed in accordance with this _ Section and
Minnesota Statutes 15.99.
An application shall be accompanied by a fee as provided for by Section
2--2 of the City Code.
2. Such application shall also be accompanied detailed written and graphic
materials fully explainingthe r used chanw.,--develonment, or use
including the information required bar Section 2--6 of this Chapter.
3. The reauest shall be considered as being officiallysubmitted when the
Zonina Administrator determines that all the information requirements are
complied with.
. The Citv Council. the Plannina Commission. and the City staff shall have
the authority to request additional information from the aEiat- r to
retain expert testimonvat the emense of the applicant, said information is
to be declared necessary to establish i)ecformance conditions in r iati n t
all pertinent sections of this Chapter.
5. Failure n the part f the applicant t _ _sjyall necessary :s:- �: rtiv
information may be orounds for denial of the reauest.
B. Proof of Ownership or Authorization: The applicant shall supply roof of title and
the l al d s ri tion of the property or which the site and build in ian angroval
is reauested, consisting of an abstract of title or registered r rt abstract
currently certified together with an unrecorded documents _- the
petitioners acQuire a legal ownership or equitable rnershi interest and as
applicable supr)lv documented authorization from the owner(s) the propertyin
question to proceed with the requested sit_and building plans.
C. The Zoning Administrator shall instruct the appropriate staff persons t prepare
technical reports wherewplicable, and provide oeneral assistance in preparing a
recommendation n the action to the Plan nin Com mission and Citv Council.
D. The applicant or a designated reDresentative thereof shall aDpear before the
PlanningCommisson n and City Council in order to answer aultestions concerninn
the proposed request-.
E. The Planning Commission and City Council shall the proposed site plan based
Mpon compliancervith the COQ rhensire Planprovisions of this Chapter and
other applicable chapters of the City Code.
F The Planning Commission shall make a findin fact and recommend such
actions or conditions r latin t the request as they deem necessary to carry out
the intent and Dumose of the Chapter.
G. The Cit Council shall not consider r act upon an li ati n until the have
received a r ort and recommendation from the Planning Commission or until
sixty days after the first r ular Plannin Com issi n meetina at which the
reguest was considered.
K Upon completion of the report and recommendation f the Planning Commissi n
the reauest shall placed on the a na of the City Council. Such reports and
recommendations shall be entered in and made part of the permanent written
record of the Cily Council meeting-,
lF if, receiving said reports and recommendations f the Planning
Commission and City staff, the fit Council finds that specific inconsistencies
exist in the review r ss and thus the final recommendation f the CLty Council
will differ from that of the Planning Commission, the City Council may before
taking final action refer the ratter back to the Planning -Commission for further
consideration.
F Approval of a request shall require assa a majo.ritv vote of the Cit
Council.
K The Zoning Administrator shall provide the applicant and property owner with
written notice of the City Council's findings of fact and decision regarding the
application.
L. if a request for site and build in lan aopjoval receives approval of the Cit
Pouncil,- the City at the applicant's expense,.. shall record such with the
awropriate Wright Count office. No uildin rmits for the Droperty in
question will be granted until recording of the action has been completed.
20-9-4. AGREEMENTS Ami to pn c+nnQ�f in ,inns effinialit1 i r ig ad f
f, f ii�r`_-C'ohi chnil a � finci � nfnr n ���t � ...�
y {{ R mneF i k nniz nr i
nnQ Qh�ll ha mncl^ fn Pny
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n[ n rl iI cfprtr1�rc1 r r+ifir+n#Orin �hfi� rpt tt... rinr__.... r �r+i—of a nlIan mod if aafi
rt"isVJ 9%.19%.41
po11act fn fha fr, revopw unci Pn r The site and building plan
approval and the sti ulatlens limitations and conditions therein shall be applied to the
ormerty in auestion. All written and graphic materials officially submitted to the Cit
shall he treated as formal agreement between the applicant and the City. Once
approved,no chanaes, modifications r alterations shall be made to any plan detail
standard. or specifications without prior submission of a. lan modification request to the
Zoning Administrator for review and approval.
MINOR
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20-9-5: EXPIRATION of SITE AND BUILDING PLAN APPROVAL: Unless otherwise
specified by the City Council at the time it is authorized, approval of site and buildina
dans shall be null and void and exire if the applicant fails to utilize such approvals and
fulfill each and every condition attached thereto within one 1) year from the date of its
authorization unless a petitionfor an extension of time in which to complete or utilizebe
e
permit has been ranted the Zoning Administrator provided that:
A. The extension is requested in writin and filed with the CiLV at least thirt
a prior to the expiration of the initial site and building plan aporoval re use t*
B. The request for extension states facts demonstrating that a gLQod faith atteM t
has been made to complete or utilize the use or activity ermitted site and
building lar.
C. A maximum of one 'i administrative extension shall be granted.,
D. The extension shall not exceed ninety days from the initial administrative
permit expiration date,
E. There shall be no charge for the filing of a petition for --n administrative
extension.,
20-9-6: INFORMATION RELel I T; The information required for all site plan
applications shall consist of the following iters, and shall be_ submitted unless waived by the
Zoning Administrator;
A. Site boundaries, buildiftgs structures and other irr rover ent shall identified on site
.-
with a current certificate of survey, oreparedand si ned by a Minnesota licensed land
srveyort depicting the folly:
Scale of Ian (engineering scale only),.at one inch oafs fifty feet 1" 5Q or
Cess.
2. North point indication.
3. Existing boundaries with lot dimension and area.
. Existing site ire rover ent t
5. All encroachments.
. Easements ents of record.
7. Legal description of the rerty:
8. Ponds, lies, springs, rivers or other waterwaygi-borderino on or running through
the subject Droperty.
site plan utilizing a copy of the current certificate of survey as a base for the site in
question, depicting the follow n .
I. Name and addressof eveio er/owner.
2# Cane and address of arhitectdesi ner.
3.
Date. of.. pl.an...prepa _rtin.
4. Dates and description of all revisions.
t flame of oroiect orevelo r ent.
6. All proposed improvements, incluM F
a# Required and proposed setbacks.
b. Location setback and dimensions of all ro osed buildings and
structures.
C. Location of all ad`acent buildings located within one hundred feet loo of
the exterior boundaries of the roe_t _estion.
d. Location number, dimensions and setbacks of proposed parking spaces
and drive aisles.
e. Location number, and dimensions of pigposed loading aces.
f. Location width and setbacks of all curb cuts and drivewa �.
Vehicular circulation.
h. Sidewalks s and trails trails.
i. Location a,,n,d,..---yp.e of all proposed lighting, including details of all voposed
fixtures and photometric illumination.
i. Location of recreation and service areas.
k. Location of rooftop equipment and ro osed screening.,
I. Provisions for storage and disposal of waste garbage, and reg clakles
including details for screening exterior trash/recycling enclosures.
W
M. Location, sizing, and th e of water and severer system mains and proposed
service connections.
C. Gradin drama and erosion control plan, utilizing a copy of the current certificate of
survev as a base for the site in question, prepared and si n d...y_...a_Minnesota licensed
en Lineer,depiding the folloWinE.
Existing contours at two foot intervals (may be prepared by a Minnesota
licensed surveyor.
2. Proposed grade elevations at two foot 2) maximum intervals.
I Drainaqe plan, ncluding the configuration of draina a areas and calculations.
. Storm sewer catch basins invert elevations lype of castings, and type of
materials.
5. Spot elevations (may be preDared by a Minnesota licensed surve or .
. Proposed driveway grades.
. Surface grater pondinctand treatment areas.
. Erosion control measures.
D. Landscaping plar utilizing a copv of the current certificate of surge as a base for the
site in question, depicting the folloWn .
1. Planting schedule (table) containing:
. ............Symbols.
b. Quantities.
C. Common names.
d. Botanical names.
e. Sizes of plant material.
f. Root s ecifi atlon (bare root, balled and burlapped, potted, etc. .
Special planting instructions.
2. Location, type and size of all existing significant trees to be removed or
m
ms ry d .
3. Planting detail shover all wecies to scale at normal mature crown diameter or
spread for local hardiness zonel.
4. Typical sections with details of fences tie walls, planter boxes tot iota ionic
areas, beans and the like.
. Typical sections with details of lndaislan"tarter beds, and foundation
plantings with identification of materials used.
6. tote indicating hover disturbed soil areas will be restored through the use of
sodding, seeding, or other techniques.
. Delineation of both sodded and seeded areas with respective areas insuare
feet.
. Covera e i2lan for underground irrigation system, if any.
. Where landscape or manmade materials are used to provide screening from
adjacent and neighboring properties, a cross -through section shall _h _ r vided
ho rin the erg e tive of the site from the neighboring pro ert at the ro ert
line elevation.
10. Other existing -or proposed conditions which could be exa ted to affect
lan soaping,
E. Otherplans and information as required by the ZoniM.Administrator in lu Ln but not
limited to:
Architectural elevations of all principal and accessory buildings color, and
materials used in all eternal surfaces .
2. "T i l" floor plan and "t i aiIT room=plan drawn to scale with a umma of
square footage for each use or atiyit.
3. Fire protection plan.
4. Extent of and any,promsed modifications to land within the environmental
protection districts as established by chatro of this _aer:
5. Type, location and size area and height) of all signs to be erected upon the
property in gue tion.
6. Vicinity map showing the subject property in reference to nearby hi h a s or
major street intersections.
'. Sound source control plan.
. �T� Wetland delineation r
WA
20-9-7: PERFORMANCE SECURITY:
A. Except in the case of non -income producing residentialro ert excluding
relocated structures), upof site and building plansthe City shall be
ro ided. where deemed necessary by the Council, with a performance a "rit
as appOpved by the CitV Attorney prior to the issuing- f uildin errnits or
initiation of work on the prQposed improvements or development. Said security
shall be non -cancelable and shall uarantee conformance and compliance with
the conditions of the interim use ermit and the ordinances of the City.
B. The security shall be in the amount equal to the Zoning Administrator's estimated
costs of labor and materials for the ro oS-ed iMprovements or development.
Said project may r e handled in stages upon the discretion -of the Zoning
Administrator.
C. The qt shall hold the security until completion of_the proposed improvements or
development and a certificate of occupancv indicati%L corms Ilane with the
interim use permit and ordinances of the Cit has been issued by the Cit
Building Official.,
D. Failure to complv with the conditions of the site and building plan approval or the
ordinances of the City shall result in forfeiture of the security in whole or in part
d.epending upon the degree of non-compliance and at the discretion of the Cit
Council.
E. Whenever a wrformance guarantee is im o ed by the Citv. the a lieant shall
e required to enter into a performance agreement with the CitThis a reement
is to provide authorization to the Citto utilize the osted securityand complete
sti ulated work should the.applicant fail to meet the teras and conditions of the
hermit. Said agreement shall hold harmless the CAty for completion of the work
and address other matters as may a determined the City Attorrter.
.� - -
20-9- . CERTIFICATION of TAXES 'AID: Prior to approvinganapplication for a site
and building plan review, the applicant shall ro ide certification to the city that there are
no delin went ro ert taxes eeial a sessment� interest or cit unlit fees due Won
the parcel of land to which the site lan and building review apNication relates.
:',
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10-1
SECTION 4.10
ADMINISTRATION -ENFORCEMENT AND PENALTIES
Section
20- 10-1: Administration and Enforcement
20 -2+ Penalties 111Wr tien R.C.I.
20 10-1: ADMINISTRATION AND ENFORCEMENT:
A. This Chapter shall be administered and enforced by the Zoning Administrator
who is appointed by the City Council. The Zoning Administrator may institute in
the name of the City of Otsego any appropriate actions or proceedings against a
violator as provided by statute, ordinance, or code.
B. If the provisions of this Chapter are being violated, the City shall notify, in writing,
the person responsible for such violations, indicating the nature of the violation
and ordering the action necessary to correct it. The City shall order
discontinuance of illegal use of land, buildings or structures; removal of illegal
buildings or structures or of additions, alterations or structural charges thereto;
discontinuance of any illegal work being done; or shall tale any other action
authorized by this Section to insure compliance with or to prevent violation of its
provisions.
C. The City reserves all rights to enforce violations of this Chapter throw h
administrative, civil rr_mi _l__. ro eedin 1#
20 -2: PENALTIES; VIC)l ATIC I AK Pr►I�rUP ,TS Any person I o violates
any of the provisions of this Chapter shall, upon conviction thereof, be fired not
more than the maximum penalty for a misdemeanor prescribed under state laver.
Each day that a violation is permitted to exist shall constitute a separate offense.
SECTIONS 12 - 1
RESERVED
2-1
SECTION 1
NON -CONFORMING LOTS, BUILDINGS, STRUCTURES AND USES
Section
2-15--: Purpose
20-15-2: Ion -Conforming Lots of Record
20-15-3: General Provisions
20-15-1: PURPOSE: It is the purpose of this Section to provide for the regulation of legal
non -conforming lots, buildings, structure, and uses and to specify those
requirements, circumstances and conditions under which legal non -conforming
lots, buildings, structures, and uses will be operated and maintained. The Zoning
Ordinance establishes separate districts, each of which is an appropriate area for
the location of uses which are permitted in. that district. It is necessary and
consistent with the establishment of these districts that non -conforming lots,
buildings, structures, and uses not be permitted to continua without restriction.
20-15-2: NON -CONFORMING LOTS OF RECORD:
13 A. Vacant Lots.
1 For the purposes of orderly development, a single family dwelling and
customary accessory buildings may be erected on non -conforming lots of
record at the effective date of this Chapter, provided:
a. The lot fronts on an improved public right -of -gray.
b. The use of the lot is consistent with its current zoning designation.
C. Frontage, depth and area requirements are at least seventy-five
(75) percent of the minimum requirements of the district where the
use is permitted.
d. Unsewer d lots have a lot area and soil conditions judged by the
City Engineer to satisfactorily provide for private on-site sewage
treatment.
2. If the owner has an interest in more than one lot of record contiguous to
other lots of record, all such lots must be combined to meet the
requirements of this section or the applicable zoning district standards. If
sufficient contiguous property is held in one ownership to comply with the
standard of the applicable zoning district, then those more restrictive
provisions will apply. In no circumstances will there be approval of any
5-
proposal for multiple lot developments based upon lots of record, and not
conforming with the provisions of the existing zoning district.
3. The preceding subsection I is not intended to permit a reduction in
setbacks or required cards.
4. In the event that the measurements of such lot's area and width do not
comply with subsection I above, then approval for the construction of a
single family dwelling may be requested as a conditional use permit,
subject ars regulated by Section 4 of this Chapter.
B. Developed Lots. An existing conforming single family use on a lot of
substandard size may e expanded or enlarged if such expansion or
enlargement meets all other provisions of this Chapter.
20-15-3: GENERAL PROVISIONS:
A. Except as provided below, any non -conforming structure or use lawfully existing
upon the effective date of this Chatter shall not be expanded, _enlarged,
intensified or reconstructed, but may be continued at the size and in the manner
of operation existing upon such date except as hereinafter specified or
subsequently amended. For the purposes -of this section, the following teras
shall be defined as follows;
1. Expansion. enlargement. or intensification: Anv increase in a dimension
size, area, volume* or height, a.....ir in the area of use, anv
Oacement of a structure or part thereof where none existed before, ariy
addition of a site feature such as a deckpatio, fence driveway, arkin
area or swimming pool, any.irn rovement that would allow the land to b
more intensely developed, anv move of op-grations to a new location on
the propor an increase in intensit of use based on a review of the
original nature function or purpose of the nonconformiRg use the hours of
r eratlon. traffic; parking* noise, exterior st g , 3i- gns3 exterior lightinj
tvDes of pperations, typesf goods or services offered odors area of
eration number of employees, and other factors deemed relevant by
thefit t
2. improvement'. Making.. the nonconforming use better, more efficient r
more aesthetioall leasin ----inol d ing any change that does not replicate
what preexisted, but does not include anexpansion, ----- -
............. .
en arern or
intensification.
3. replacement, reconstruction or restoration; Construction that exa tl
matches preexisting conditions.
152
B. Anv to al nonconformity. inoludina the lawful use or 000uoation of land or
premises existina at the time of the adoption of an additional control under this
ha ter arra be continued includ ing through repair, replacement, restoration
maintenance, or Ln rover rent, but not includi.nq expansion, except._ ifi ly
provided in this Section, unless:
The non onforrrnit or occupancy is discontinued for a period of more than
one 1 year; or
2. Any nonconforming use is destroyed. -by fire or other oeril to the extent of
neater than fifty percent of its market value as determined by the
City, and no building—permit has been applied for within one hundred
eighty (1 80) days of when the property is damaged. In this case the Cty
may im ose reasonable conditions upon a building vermit in order to
mitigate any newly created impact on adjacent,property.
3. Any cube uet use or occupancy of the land or vremises. shall be a
conforming use or o ou anoy.
C. Any proposed structure which will, under this Chapter, become non -conforming
but for which a building permit has been lawfully granted prior to the effective
date of this Chapter, may be completed in accordance with the approved pians;
provided construction is started within sixty 6 darn of the effective date of this
Chapter, is not abandoned for a period of more than one hundred twenty `I 20
days, and continues to completion within two 2 gears* Such structures and use
shall thereafter be a legally non -conforming structure or use.
GD. Except as herein provided, normal maintenance of a building or other structure
containing or related to a lawful non -conforming structure or use is permitted,
including necessary non-structural repairs and incidental alterations which do not
physically extend or intensify the non -conforming use or structure,
DE. Except as herein provided, alterations may be rine to a building containing
lawful non -conforming residential units when they will improve the livability
thereof, provided they will not increase the number of dwelling units, or size or
volume of the building. A dwelling may not, however, be demolished and a new
dwelling constructed unless the new dwelling is in full compliance with this
Chapter.
F. A legal non -conforming, single family dwelling unit may be expanded to improve
livability as a conditional use, as regulated by Section 4 of this Chapter, provided
that the non -conformity is not increased.
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