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ORD 09-06ORDINANCE NO.: 09-06 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE OTSEGO CITY CODE REGARDING PAWN SHOPS/SECOND HAND DEALERS, MINIMUM LOT AREA REQUIREMENTS AND RESIDENTIAL SECOND DRIVEWAYS. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 20-2-2.P of the Zoning Ordinance is hereby amended to include the following definition: Pawnshop: The location at which or premises in which a pawnbroker regularly conducts business. Section 2. Section 20-2-2.S of the Zoning Ordinance is hereby amended to include the following definition: Second hand dealer: A person, partnership, firm or corporation whose regular business includes selling or receiving tangible personal property (excluding motor vehicles) previously used, rented, owned, or leased. The term second hand dealer shall include pawnbroker and antique shops. Section 3. Section 20-16-9.E.4.d of the Zoning Ordinance is hereby amended to read as follows: d. The wetland and buffer shall be platted as an outlot if established as part of a subdivision application. All other applications shall require dedication of a perpetual conservation easement. Section 4. Section 20-17-9 of the Zoning Ordinance is hereby amended to read as follows: 20-17-9: MINIMUM LOT AREA PER UNIT: The lot area per unit requirement for single family, two-family, townhouses, apartments and planned unit developments shall be calculated on the basis of the total area on the lot or in the project and as controlled by an individual and joint ownership. A. Single and two-family uses shall be as specified in the respective zoning districts subject to the following: A-1, A-2, R-1 and R-2 District Lots and Lots Of Record And Preliminary Platted Lots Having Legal Standing On May 26, 2009: Except as may be otherwise required by this Chapter, the lot area shall be measured as the area of a horizontal plane within the lot lines. 2. Lots Of Record in the R -C, R-3, R -4A, R-4, R-5, R-6 and R-7 Districts Established After May 26, 2009: Except as may be otherwise allowed by this Chapter, the lot area shall be measured as the area of a horizontal plane within the lot lines excluding stormwater basins, drainageways, wetlands, required wetland buffers, water bodies, public rights-of-way, regional drainage and utility easements, and slopes steeper than three to one (3:1). B. Townhouse, and similar independent unit entry structures platted in as base/unit lots: 5,000 square feet C. Multiple Family 2,500 square feet D. Elderly Housing 1,000 square feet Section 5. Section 20-21-4.1-1.1 1.d of the Zoning Ordinance is hereby amended to read as follows: d. Single family residential uses shall be limited to one (1) access per property, except as provided for below: (1) Lots within the A-1 or A-2 District shall be allowed two (2) accesses per property by administrative permit, provided that: 2 (a) The lot shall have an area of five (5) acres or greater. (b) The lot shall have a minimum frontage of two hundred fifty (250) feet to a public street with a rural section design (no curb). (c) The location of all access points shall be subject to compliance with Section 20-21-4.H.7 of the Zoning Ordinance and approval of the City Engineer and the County Engineer when applicable. (2) Lots within the R-1, R-2 and R-3 Districts shall be allowed two (2) accesses per property by administrative permit, provided that: (a) There is a demonstrated need for more than one (1) lot access due to physical site constraints (soils, steep slopes, significant vegetation, ponds or wetlands) or the location of existing principal buildings. (b) The lot shall have a minimum of one hundred fifty (150) feet of frontage to a public street. (c) The location of all access points shall be subject to compliance with Section 20-21-4.H.7 of the Zoning Ordinance and approval of the City Engineer and the County Engineer when applicable. (d) The design of the lot access shall conform to the specifications established by the Engineering Manual. (3) Lots within all other districts or those not meeting the requirements for an administrative permit outlined in Sections 20-21-4.H.11.c(1) and (2) shall be allowed not more than two (2) access per property by conditional use permit, provided that: (a) There is a demonstrated need for more than one (1) lot access due to physical site constraints (soils, steep slopes, significant vegetation, ponds or wetlands) or the location of existing principal buildings. (b) The location of all access points shall be subject to compliance with Section 20-21-4.H.7 of the Zoning Ordinance and approval of the City Engineer and the County Engineer when applicable. (c) The design of the lot access shall conform to the specifications established by the Engineering Manual. (4) A lot having access from two public streets (in the case of a corner lot or double frontage lot) may incur additional costs related to street improvement projects benefiting the property. Section 6. Section 20-76-2 of the Zoning Ordinance is hereby amended to include the following provision: Q. Second hand goods dealer / Pawnshop. Section 7. Section 20-77-2.P of the Zoning Ordinance is hereby amended to read as follows: P. Gift shop. Section 8. Section 21-7-15 of the Subdivision Ordinance is hereby amended to include the following provision: D. Outlot Alternative. For single and two family lot subdivisions not platted as base and unit lots or for other land uses as determined by the City, stormwater basins, drainageways, wetlands, and wetland buffers water bodies or other natural features subject to dedication of easements in accordance with this Section shall instead be included within outlots having access to a public street as determined necessary by the City Engineer. Section 9. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: CM SCHARBER SECOND BY: CM HEIDNER ALL IN FAVOR: MAYOR STOCKAMP: COUNCIINEMBERS: SCHARBER AND HEIDNER 4 THOSE OPPOSED: NONE ADOPTED by the Otsego City Council this 26th day of May, 2009. ATTEST: Tami Loff, City Clerk CITY OF OTSEGO .�adI. NO, -, I ,