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ORD 04-27ORDINANCE NO.: 2004-27 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF OTSEGO TO PROVIDE FOR LIMITED OUTDOOR SALES AND SERVICE AT CONVENIENCE GAS STORES. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 20-76-6.D.3 of the Zoning Ordinance is hereby amended to read as follows: 3. That the approximate area and location devoted to non - automotive merchandise sales shall be specified in general terms in the application and in the conditional use permit. Outside sales and service shall be allowed on a limited basis, provided that: a. Site Plan. Areas for outdoor sales and services shall be clearly indicated on the site plan and reviewed at the time of application for a conditional use permit. No outdoor sales or services shall be allowed outside of those areas so designated on the approved site plan without approval of an amended conditional use permit. b. Location. Outdoor sales and services shall be located adjacent to the principal building upon a concrete or asphalt surface behind a raised six inch (6") curb, on the raised pump islands or otherwise segregated from vehicle circulation under the canopy and shall not encroach into any required principal building setback, required parking stall, drive aisle, or minimum five foot (5') wide pedestrian sidewalk adjacent to the principal building where head -in parking is provided or otherwise impede vehicle and pedestrian circulation, except as provided for by Section 20-76-6.D.3.d of this Chapter. C. Outdoor Sales: 1 1. Area. The area devoted to outdoor sales shall not exceed ten (10) percent of the gross floor area of the principal building or two hundred (200) square feet, whichever is less. 2. Height. The height of sales displays not abutting the principal building or located between the fuel pumps under the canopy shall not exceed three (3) feet in height as measured from the grade of the adjacent drive aisle to the top of the display. All other outdoor sales displays shall not exceed five (5) feet in height measured from grade to the top of the display. 3. Required Parking. The outdoor sales area shall be included in the calculations for parking spaces required for the use by Chapter 19 of this Title. d. Outdoor services shall be limited to the following uses: 1. Public phones may encroach into a required yard as long as they do not interrupt on-site traffic circulation, do not occupy required parking stalls, and are not located in a yard abutting residentially zoned property. 2. Propane sales limited to twenty (20) pound capacity tanks may be located outside provided the propane tanks are secured in a locker and meets all State Uniform Building and Fire Codes. 3. A compressed air service or automobile vacuum areas may be located on-site provided they meet all principal building setbacks and do not interrupt on-site traffic circulation and do not occupy required parking stalls. 4. Freezers for ice products may only be located at the front of the building subject to the area and location requirements of Section 20- 77-6.D.3.b and c of this Chapter, or shall be located in a side or rear yard and fully screened from view from adjacent properties or the public right-of-way with materials 2 consistent with the principal building. Section 2. Section 20-77-6.E.3 of the Zoning Ordinance is hereby amended to read as follows: 3. That the approximate area and location devoted to non - automotive merchandise sales shall be specified in general terms in the application and in the conditional use permit. Outside sales and service shall be allowed on a limited basis, provided that: a. Site Plan. Areas for outdoor sales and services shall be clearly indicated on the site plan and reviewed at the time of application for a conditional use permit. No outdoor sales or services shall be allowed outside of those areas so designated on the approved site plan without approval of an amended conditional use permit. b. Location. Outdoor sales and services shall be located adjacent to the principal building upon a concrete or asphalt surface behind a raised six inch (6") curb, on the raised pump islands or otherwise segregated from vehicle circulation under the canopy and shall not encroach into any required principal building setback, required parking stall, drive aisle, or minimum five foot (5') wide pedestrian sidewalk adjacent to the principal building where head -in parking is provided or otherwise impede vehicle and pedestrian circulation, except as provided for by Section 20-77-6.E.3.d of this Chapter. C. Outdoor Sales: 1. Area. The area devoted to outdoor sales shall not exceed ten (10) percent of the gross floor area of the principal building or two hundred (200) square feet, whichever is less. 2. Height. abutting between not exce measured aisle to The height of sales displays not the principal building or located the fuel pumps under the canopy shall ed three (3) feet in height as from the grade of the adjacent drive the top of the display. All other outdoor sales displays shall not exceed five (5) feet in height measured from grade to the top of the display. 3. Required Parking. The outdoor sales area shall be included in the calculations for parking spaces required for the use by Chapter 19 of this Title. d. Outdoor services shall be limited to the following uses: 1. Public phones may encroach into a required yard as long as they do not interrupt on-site traffic circulation, do not occupy required parking stalls, and are not located in a yard abutting residentially zoned property. 2. Propane sales limited to twenty (20) pound capacity tanks may be located outside provided the propane tanks are secured in a locker and meets all State Uniform Building and Fire Codes. 3. A compressed air service or automobile vacuum areas may be located on-site provided they meet all principal building setbacks and do not interrupt on-site traffic circulation and do not occupy required parking stalls. 4. Freezers for ice products may only be located at the front of the building subject to the area and location requirements of Section 20- 77-6.E.3.b and c of this Chapter, or shall be located in a side or rear yard and fully screened from view from adjacent properties or the public right-of-way with materials consistent with the principal building. Section 3. This Ordinance shall become effective immediately upon its passage and publication. ADOPTED by the Otsego City Council this 13TH day of December, 2004. 4 CITY OF OTSEGO 400 . Pow, Wayor ATTEST: Ju y udsn, ing Administrator/City Clerk