ITEM 2.23601 Thurston Avenue N, suite 100
Anoka, MN 55343 {
Phone: 7(33,231,5840
Facsimile: 7.7.020
TP Planningco.00
MEMORANDUM
TO: Otsego Planning Commission
FROM: Daniel Licht, AICP
DATE; 11 December 2013
E: Otsego — Zoning Ordinance; Update Sections 1, 3-15 and 96
TPC FILE: 101.01
BACKGROUND
The city has initiated an update of the Zoning Ordinance and Subdivision Ordinance
following adoption of the 2012 Comprehensive Plant This memorandum forwards
Sections 1, 3 to 15 and 96 of the Zoning Ordinance for Planning Commission
consideration at a public hearing noticed for 16 December 2013. 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. The Planning commission previously discussed proposed amendments to
these chapters at a work session on 4 November 2013
Exhibits:
A. Draft Zoning Ordinance Sections 1, 3-15 and 96
ANALYSIS
The Zoning Ordinance establishes in Section 1 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 gold
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 dal 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 rake 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 mailed notice for properties within
350 feet of a property making application for one of these approvals. The City
has established a greater Soo foot notification distance for rural properties based
on platted and unplatted status. The Planning Commission discussed this issue
and decided that a single standard distance should be adopted for consistency
and that it should be that which is required by Statute.
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.
■ Conditional Use Permits:
Additional criteria are provided as to when ars amendment of an existing
CUP may be approved administratively or require Planning Commission
review and City Council approval.
Provisions raking the CUP an agreement with the property owner and
allowing the City to initiate revocation of a CUP 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 ars agreement with the City for enforcement purposes.
No changes to the procedures for appeal of administrative decisions are
proposed in Section 7.
The administrative permit 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 9 are expanded to
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 i
based on the application checklist the City utilized but has not been detailed in
ordinance form. The City has also required performance agreements for
2
commercial and industrial developments and this requirement is proposed to be
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.
■ Dote that Chapters 11, 12, 13, and 14 are to be resealed for future use.
The City Council at their meeting on g December ember 2013 amended the bylaws for
the heritage Preservation Commission to allow for up to two people who are not
residents and/or property owners of the City to be- appointed to the advisory
commission. The HPC is establishe in'...Se ti :: �_: � l� ::�ZQ
.ni'ng Ordinancen
which also must b amended to a to a dor the eh r g:=: fr bershi eligibility
and City staff has reprised the language to require that a majority of the appointed
members be residents of the City. The language in this section would allow for
residents of rental properties other than the owner to be appointed. All
appointments are subject to the process and criteria determined at the discretion
of the City Council.
RECOMMENDATION
City staff recommends approval of the proposed Zoning Ordinance amendments for
Sections I, 3 to 15 and g.
C. LoriJohnson, City Administrator
Tams Loff, City Clerk
Andy MacArthur, City Attorney
Ron Wagner, City Engineer
41
ORDINANCE NO.: 2014 -,XX
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDiNG THE OTSEGO ZONING ORDINANCE.
THE CITY COUNCIL OF THE CITE' OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Section 20-1-6 of the Zoning Ordinance (Title and Application) is
hereby amended to read as follows:
20-1-62- CONDITIONAL AND INTERIM USES: Any established use or building
legally existing prior to the establishment of this Chapter and which is now
classified as a conditional or interim use may be continued in like fashion
and activity and shall automatically be considered as having received
conditional or interim use permit approval. Any change to such a use, or
any other subsequently approved conditional or interim use, shall,
however, require a new conditional or interim use permit be processed
according to this Chapter.
Section 2. Section 20-3-1 of the Zoning Ordinance (Administration -
Annendnnent is hereby amended to read as follows:
20-3-1: AMENDMENTS To ZONING ORDINANCE: ANCE: The regulations, restrictions
and boundaries set forth in this Chapter may from time to time be
amended, supplemented, changed- repealed;
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Section 3. Section 20-3-2 of the Zoning Ordinance (Administration -
Amendments) is hereby amended to read ars follows:
20-3-2: PROCEDURE:
A. Requests for `ingjn amendment to the Zonis -.-inan(text or
map) shall be filed with the City on an official application form and
processed in accordance with this Section and Minnesota Statutes 15.99.
application shall be accompanied by a fee as provided for
by itw n nc%i' Re ' Section 2-4-2 of the City Code.
2 u c h a ppli c ation shat[ also b a a ccompanied by iivE9 ( ) _1:4 ra A A
t%%I U
Gepies a.R. d t th I fir lt 0%- F '9* -a# Ini ( 11 3 )1 IF (9 C41 U GW 'W2 CAI %E3 0 . a4 %jr L I %_0 740 %.F L I I '&A I I 1 1 4r% 72�
detailed written and graphic materials fully explaining the
proposed change, development, or use including the information
reg aired Section 20--9-6 of this Chi ter, If, lin fh�
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d%ef rr ir-tic r 1_ him 1hmiczQ;nn...nf-In _ or � � armp
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3._ The request shall be considered as being officially submitted when
the Zoning Administrator determines that all the information
requirements are complied with.
0 —
. The Cit Qoun it the Planning Commission, and the City staff shall
have the authority to re -Quest additional information from the
applicant or to retain expert testimony at the enc ense of the
applicant and said information is to be declared necessaCLto
establish performance conditions in relation to all pertinent sections
of this Chapter,
5. Failure on the part of the awlicant. to supply all ne essa
supportive information ma be grounds for denial of the rec
tuest.
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 supply
documented authorization from the owner(s) of the property in question to
proceed with the requested rezoning.
1)
C. Upon receipt of said application, the City Clrk=shall set a public hearing jo
be conducted by the Planning Commission following proper hearing
notification aguypplialerI Ih��lr►rirr�-,-- rin
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h is ri r�rt......... r� r_,t_.rinnn r if r d M M ICO re r•Grn e dfl r to the �#y
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Notice of said hearing shall consist of a legal property description
and description ofrequest, and be published in the official
newspaper at least ten 1 days prior to the hearing.
2* Written notification of said hearing shall be nailed to surrounding
area property owners within three hundred fifty 350 feet of the
ro rtv in question at least ten days prior to the hearing.
Ron IIQQtQ Mffinato no � #� ar ffr�cl ro oaf o chn�1 �
thin rnnorhl.....irti..._..cti.io RiQ nfFe%CZ MCI Ir%nford Within
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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.
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.
-ED. 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 Plann�n
Commission and City Council.
E. The aDrflicant or a designated rer)resentative thereof shall aonear before
the Planning Commission and City Council in order to answer questions
concerning the proposed re uest. Failure by the applicant to attend
meeting -a at which the a Ali ation is to be considered by the Planning
Commission or City Council may begrounds for denial of the request.
F. The Planning Commission and City Council shall consider possible
adverse effects of the proposed amendment. Their judgment shall b
based upon (but not limited to) the following factors:
3
1.
PA
The proposed action's consistency with the specific policies and
provisions of the Otsego Comprehensive ensive Plan.
The proposed use's compatibility with present and future lard 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 searing the property.
. 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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G. The Planning Commission fission shat[ f-, f 1oni f Lho
make a finding of fact and recommend such actions or conditions
relating to the re
-quest, as thgy deem necessaDi to carry out the intent and
purpose of the Chapter.
H. The City Council shall not act upon an amendment until they her
received a report and recommendation from the Planning Commission or
until sixty 6 dans after the first regular Planning Commission meeting at
which the request was considered.
K1. Upon completion of the report and recommendation the Planning
Commission, the request shall be pla. scheduled for consideration on
the agenda of the City Council. Such reports and recommendations shall
4
be entered in and made part of the permanent written record of the City
Council meeting.
L - r Upon receiving the report and recommendation of the Planning
Commission and the City staff, the City Council shall have the option to
set and hold a public hearing if deemed necessary.
MIS■ If, upon receiving said reports and recommendations of the Planning
L 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 taking final action, refer the ratter back to the Planning
Commission for further consideration. -�I I I%.#� 1167 r 11NWA[__ h�Ia Ise t �
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L. 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 a zoning district from
agriculture or residential to business, industrial, or planned unit
development that allows for commercial or industrial uses shall require a
four -fifth's 's Grote of the City Council.
M. The Zoning -Administrator shall provide the applicant and ro ert o ner
with written -notice of the Cit Council's finding- of fact and decision
regarding the alicatln.
ON. The amendment shall not become effective until such time as the City
Council approves an ordinance reflecting said amendment and after said
ordinance is published 1n the official newspaper. The City Clerk;_=_ t the
aoolicant's exr)enlea shall record the ordinance with the arri..t
Wright ht Count office. No buildina permits for thenropertv in auestioftwill
be granted until recordin of the action has been completed.
-PO. Whenever an application for an amendment has been considered and
denied by the City Council, a similar application and proposal for an
amendment affecting the same property or Ordinance change shall not be
considered again by the Planning Commission or City Council for at least
one 1year from the date of its denial except as follows:
Applications are withdrawn prior to the City Council taking action on
the .matter.
5
2. If the City Council determines that the circumstances surrounding a
previous application have changed significantly.
3, if the City Council decides to reconsider such matter by a four -fifth's
(415'x) Grote of the entire City Council.
Section 4. Section 3 of the Zoning Ordinance (Administration - Amendment i
hereby amended to include the following provisions:
20-3-4: CE 'IFICATIO F TAXES PAID,; ,; Prior to approvingars application for
an amendment the applicant shalt provide certification to the City that
there are no delinquent Droperty taxes, se ial assessments, interest r
City tilt fees due u on the ar el f land t whi h the iiceu
relates.
Section 6. Section 20-4-2 of the Zoning Ordinance (Administration - Conditional
Use Permit is hereby amended to read as follows:
20-4-2: F CEDURE:
A. Request est for a conditional use permit, `Clod� 419%0
shall be filed with the City on ars official application form, and propessed in
accordance with this Section and !Minnesota Statutes 15.99.
'l ,RvlahAn application shall be accompanied by a fee as provided for
by 1.11L NWS 1S� 4 Nll � ti n2- -2 of the City Code.
21Such application shall also be accompanied1 1�rrjem Qn��e
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Gernale."sp of detailed written and graphic materials fully explaining the
proposed charge, development, or use including_ the information
1f 1 i'1 � F' 1 F'1 I n r' of
required by Section 20-9-6 of this Chapter..,
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dafarryit r fry ho illo tihi h� �iOR r,f I�rr• r� " Q10...r finr
dr -ad i
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rih Ikffniss ��r+�
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3 _ The request shall be considered as being officially submitted when
the Zoning. Administrator r determines that all the information
requirements are complied with,
. The Citv Council the Planning Commission and the Citv staff shall
have the authority to re uest additional information from Ahe
applicant or to retain expert testimony at the expense of the
applicant and said information is to be declared necessaW to
establish erfor an a conditions in relation to all pertinent sections
of this Chapter.,
. Failure on the part of the applicant to supply all ne es a
supportive information may be grounds for denial of the request.
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 t
he conducted by the Planning Commission following proper hearing
notification as applicable. T_ . Di naan �, , ; in
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haprinct ...... nrl---- rinnnr iiiz fi'mfinns and wnkec fn thin no
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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 within three hundred fifty (350) feet of the
property. in g .estion _at least ten o days prior to the hearing.
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3. A cop} of the notice and a Inst of the property owners and
6
addresses to which the notice was sent shall be attested and rade
a part of the records of the proceeding.
4• 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.
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 Plannin
Commission and City Council.
E. The aDDli ant or a designated re resentative thereof shall a ear before.
the Planninq Commission and City Council in order to answer -questions
concerning the proposed re nest. Failure by the appll ant to attend
r eetin s at which the a lication is to be considered kythe Piannin
Commission or City Council may be grounds for denial of the re nest,
F. The Planning Commission and City Council shall consider possible
adverse effects of the proposed conditional use. Their judgment shall be
based upon (lout not limited to) the following factors:
1. The proposed action's consistency with the specific policies and
provisions of the Otsego Comprehensive Plan.
2. The proposed use's compatibility with present and future land uses
of the area.
3. The proposed use's conformity with all performance standards
contained within the Zoning Ordinance and other provisions of the
City Code.
. Traffic generation of the proposed use in relation to capabilities of
streets searing 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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JG. The Planning Commission shall 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.
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.
-141. Upon completion of the report and recommendation of the Planning
Commission, the request shall be scheduled for consideration on
the agenda of the City Council. Such reports and recommendations shall
e entered in and rade part of the permanent written record of the City
Council meeting.
-W. 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 welifare.
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 process and thus the final
recommendation of the City Council will differ from that of the Planning
Commission, the City Council may before taping final action, refer the
matter back to the Planning Commission for further consideration. The
L. Approval of a request shall require passage by a majority Grote of the City
Council.
9
M. 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.
N. If a request for conditional use permit receives approval of the fit
Council the fit Clerk, at the -applicant's -expense, shall record such with
the appropriate Wright County office. No building norm is -for the DroDerty
in question will be granted until recording of the action has been
completed.,
. Whenever an application for a conditional use permit has been considered
and denied by the City Council, a similar application for the conditional use
permit affecting substantially the same property shall net be considered
again by the Planning Commission or City Council for at least one 1 year
from the date of its denial, except as fellows:
If the applicant or property owner can clearly demonstrate that the
circumstances surrounding the previous conditional use permit
application have changed significantly.
2. If the City Council determines that the circumstances surrounding a
previous application has changed significantly.
3. If the City Council decides to reconsider such matter by a four -fifth's
(4/5's)vote of the entire City Council.
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Section 6. Section 20-4-3 of the Zoning Ordinance (Administration — Conditional
Use Permits) is hereby amended to read as follows;
20-4-3,0 412121L- I %Ml % & I"rr�GIIII'k[f`i": The aryal of conditional use permit
and the stipulations, limitations and conditions therein shall be applied to the
property in question. All written and araphic. materials officiallv submitted to the
City shall be treated as a formal agreement between the a ll ant and the City.
Once awroved, no Shan e r modi Icarti ns or alterations shall be made to anv
an detail, standard i or specifications without prior submission si fa plan
modification reguest to the Zoning Administrator for review and awroval.
Section 7. Section 20-4-4 of the Zoning Ordinance (Administration - Conditional
Use Permits) is hereby repealed in its entirety and subsequent sections renumbered
accordingly.
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Section 8. Section 20-4-5 of the Zoning Ordinance (Administration - Conditional
Use Permits) is hereby amended to read as follows:
20-4-54: AMENDE CONDITIONAL [.SSE PERMITS: A.AIn ,�r,rkefrd nWinaliffitI l 1,�1
�T�%A■Qh�ll him t ■ r t a
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Q11hQf:pnf0n1 nhpn"^^ or eynansions In use nc infherwiser
%J %A " %.0 %1 J I %. I %I I Wi i %.A I I in c o n ed i t -9 W I I %.A I I W f %JI a,n, ed —
doizar
* of = 1f ■ tJ ■ 1ct hnI 7ter
_ a owner . propert .wi conditional use perms
mav Dromse an amendment to modify the conditional use at anv time. No
changes in the =roved plans, intensity or scope of the conditional use shall.
however be undertaken without prior royal of those changes by the City.
Reouests. for permit modifications shall be processed accordbg to section 20-4-2
of this Chapter and shall be subject to all requirements ents and standards of this
12
Chapter, except that those permit modifications meeting the folio in criteria as
determined by=jhe Zoning Administrator r, may k e approved a mini trativel�.
accordance with Section 8 of this Cha ter;
A. Only applications for preexistin-a _uses or uses explicitly classified a
allowed uses including accessory uses by-th.e.-aporoved conditional use
permit governing the use of the Droperty are eligible for administrative
approval.
B. The permit modification shall not result In an increase in hours of
operation;.._traffic, employees, or number of dwellingunits, expand -_ark
principal building or otherwise increase the intensity of the use of the site.
C. The permit modification shall comply with all requirements _ f the
applicable tonin district and all other Derfornance standards of this
Chanter or the City Code.
D. All applications fir ermit modification shall be complete and in full
accordance with the re uirements of section 20-9-6 of this Cha ter.
Section 9. Section 20-4-5 of the Zoning ordinance Administration conditional
Use Permits is hereby amended to read as follows:
20-4-6 ; EX I 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 mull and void and expire if the applicant
fails to utilize such conditional use piermit and fulfill each and every
condition attached thereto within one `l 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 by the Zoning
Administrator provided that:
The extension is requested in writing and filed with the City at least
thirty 3 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 made to complete or utilize the use or
activity permitted in the conditional use permit,
13
3. A maximum of one 1 administrative extension shall be granted.
. The extension shall not exceed ninety 90days 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 a recommendation from the Planning Commission and
City staff, the City Council may grant an extension of the conditional use
permit of greater than ninety 9 days provided that:
The conditions described in subsection 20-4-5.A.1-3 a it are
satisfied.
2. The extension shall not exceed one year from the initial
conditional use permit expiration date.
3. The filing of a petition for extension is subject to fee requirements
established by City Council resolution.
Section 10. Section 4 of the Zoning Ordinance Administration - Conditional Use
Permits) is hereby amended to add the following provisions:
20-47.6: REVOCATION of CONDITIONAL USE -PERMITS:
A. The Planning -Commission m recommend andtheCiti Council may
direct the revocation of any conditional use permit for cause upon
determination that the authorized conditional use is not in conformance
with the conditions of the ermit or is in continued violation of this Chapter,
city codes, or other applicable regulations.
B. The City Council or Planning Commission shall initiate an application and
the Zoning Administrator shall notify the responsible. verson that they hair
anortunit to show pause rh the permit should net be revoked.
C. The application shall be processed and considered ursuant to Section
20-4-2 of this ChapLer.
Section 11, Section 4 of the Zoning Ordinance Administration - Conditional Use
Permits is hereby amended to add the following rovisions'.
14
20-4-8: CERTIFICATION of TAXES PAID: Prior to approvinuan amlication for
an conditional use permit, the applicant shall provide certification to the City that
there are no delinquent property taxes special assessments, interest or "it
utility fees due upon the parcel of land to which the application relates.
Section 12, Section 20-5-2 of the Zoning Ordinance Administration - Interim
Use Permits) is hereby amended to read as follows:
20-5.20 PROCEDURE.
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A. Request for ars interim use oermit shall be filed with the Ci n an official
application form and vocessed in accordance with this Section and
Minnesota Statutes la.99.
'l. An armlication shall be accomnanied by a fee as provided for by
Section 2-4-2 of the City Code.,
2, Such application shall also be accQmpanied by detailed written and
graphic materials fuliv explaining the --proposed hal e#
development or use including the information ion required by Section
20-9-6 of this Cater.
3. The reel# shall be considered as being officially submitted when
the Zoning Administrator determines that all the information
requirements are QQmplied with.
t The City Council. the Planning Commission. and the City staff shall
have the authority to reguest additional information from the
applicant or to retain expert_ testimony .......... at.....- the expense of the
applicant and said information is to be declared necessar to
establish performance conditions in relation to all eminent sections.
of this Chapter.
5. Failure on the art of the applicant to supply all neessar
supportive information may begLounds-for denial of the r s .
. Proof of wnershi or Authorization: The applicant shall supply roof of
title and the legal desri tion of the ropertfor which the interim use
permit is re uested, on istin f an abstract of title or registered 12roDerty
abstract currently certified together with any unrecorded documents
here the -petitioners acquire a legal ownership or equitable ownership
interest and as applicable s 1 documented authorization from the
owner(s) of the ro erty in question to ro eed with the requested interim
use permit.
C. Upon receipt of said application, the City Clerk shall set a public hearing t
be conducted the misin followinro -er rin a
notification as applicable,
'l
Notice of said hearino shall consist of a legal prope.rty description
and description of re vest and be published in the official
n ews i2a er at least ten 0 days prior to the hearing.
2. Written notification of said hearing shall be nailed to surrondin
area property owners within three hundred fifty 30feet of the
property inuestion at least ten(10)da prior to the hear' .
3. A copy f the note and a list of the r rty owners and
addresses to which the notice was sent shall be attested and made
a part of the records of_the proceeding.
. Failure of a prope& owner to receive said notice shall not
invalidate anv such proceedings as set forth within this Section
provided a bona fide attempt has been rade to comply with the
notice re uirements of this Section.
D. The Zoning Administrator shall instruct the appropriate staff persons to
pr rare technical reports where applicable, and --provide general
assistance in preparina a recommendation on the action to the Plannin
Commission and City Council.
E. The applicant or a designated representative thereof shalle r before
the Plannina Commission and City Council in order to answer auestions
concerning the proposed re nest. Failure by the applicant to attend
meetinas at which the armlication is to be considered -by the Plannin
Commission or City Council may Cierounds for denial of the re uelst.
F. The Planning Commission and City Council shall consider =possible
adverse effects of the proposed _ interim use. Their iudoment shall he
used upon Cut not limited tol the following -factors:
'1. The proposed action's consistenQy with the sped "olicies and
provisions of the Otsego C.omr)rehensive Plan.
2. The proposed use's compatibility with resent and future land uses
of the area.
3. The proposed use's conformity with all _ erformance standards
contained within the Zonina Ordinance and other pLovi sions of the
City Code,
4. Traffic eneration of the ro oed use in relation to a aloilitie of
streets serving the property.
5. The proposed use can he accommodated existing public
services and facilities and will not overburden the Cit #s service
aaty,
G. The Planning Commission shall make a findin of fact and recommend
mend
such actions or conditions relating to the re ue t as they deem neces5ar
to carry out the intent arid.. purnose of the Chapter,,
H. The City Council shall not consider or act u on an interim use permit until
they have received a report and recommendation from the PCannin
Commission or until sit 60da s after the first regular Plannin
Commission meeting at which the request was considered,
Ct
Upon completion of the report and recommendation of the Plannin
Commission,.- the re ue t shall be scheduled for consideration on the
agenda of the Cit Council. Such reports and recommendations shall be
entered in and made part of the ermanent written recordf the Cit
Council meeting,
J. U on receiving the re ort and recommendation of the Plannin
Commission and City staff the City Council shall have the option to set
and hold a uC lro hearing if deemed necessary and shall make a recorded
finding of fact and may im ose anv condition it considers necessary to
17
toted the public health, safety and welfare.
K. 1f on receiving said reports and recommendations of the Plandn
Commission and City staff. the City Council finds that soe ifi
inconsistencies exist in the review process and thus the final
recommendation of the City Council will differ from that of the Plannin
Commission, the Q Ut Council may before taping final action., refer the
matter back to the Planning Commission for further consideration.
�.
Approval of a request shall require passage by a majority vote of the "iter
Council,
M. The Zoning Administrator shall provide the applicant and property owner
with written notice of the CiW Council's findings of fact and decision
regarding the aoliation.
N. 1f a re uest for an interim use permit receives a roval of the City Council
the City Clerk,—at the applicant's expense, shall record such with the
appropriate Wright ht County office. No building permits for the property in
uestion will be granted until recordina of the action has been coni feted.
. Whenever an aDoli ation for an interim use r)err it has been considered
and denied by the City Council, a similar application for the interim use
permit affectina substantially the sane prope.Lt shall not be considered
again by the Planning commission or City Council for at least one 1year
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 interim use Dermit
aD li ation have chanced si nifi antly,
2, if the City Council determines that the circumstances surroundin a
previous application has changed significantly
3. if the City Council decides to reconsider such matter by a four -fifth's
(4/5's)vote of the entire City Council,
Section 13, Section 20-5-3 of the Zoning Ordinance (Administration - Interim
Use Permits) is hereby amended to read as follows:
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AGREEMENT: The approval of an interim use permit and the
stipulations, limitations and conditionstherein shall be a= lied to the _propert_ _l
question. All written and graphic materials officially mitted to the City shall be
treated as a formal agreement between Teen theli nt and the Citv. Once
aooroved, no chances, modifications or alterations shall _ be made to anv 0an
d tall standard, or-spe.c.ifi tion with t ri r submission of a plan modification
request to the Zoning Administrator for review and ..... approval.
Section 14. Section 20-5-4 of the Zoning Ordinance (Administration - Interim
Use Permits) is hereby amended to read as follows:
20-5-4: TE I f TI N: An interim use shall terminate on the happening of any
f the following everts, whichever firstoccurs:
A. The date or event stated in the interim 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 readers the use
non -conforming.
D. The redevelopment of the use and property erty upon which it is located to a
permitted or conditional use as allowed within the respective zoning
district.
Section 15. Section 5 of the Zoning Ordinance (Administration - Interim Use
Permits �r is hereby amended to add the following provisions:
20-5-5: A E l E INTERIM USE PERMITS: The owner of a oroverty with an
interim use permit may propose an amendment tor modify the interim use at an
time. No chanaes in the approved plans, intensit or scope of the interim use
shall however be undertaken without nnor awroval of those changes bv the
City. Requests for errit modifications shall be nrocessed according to section
20-4-2 of this Chapter and shall be 'ect to all re uirements and standards of
this Cho ter except that those permit modifications meeting the followina criteria
as determined by the Zoning -Administrator, may be approved administratively Lin
accordance with Section 8 of this Cha Cert
A. Only applications for preexisting uses or uses explicitly classified as
allowed uses includ it access-QrT uses by the approved interim use
permit governing the use of the property are eligible for administrative
approval.
E. The..permit modification shall not result in an increase in hours of
operation, traffic, er lovees, or number ell_i.n _ nits, ex and ars
.
uincbal building or otherwise increase the intensity of the use of the site.
C. The permit modification shell comply with all requirements of the
applicable tonin district and all other performance standards of this title
or this code.
D. All applications for errnit modification shall be complete and in full
accordance with the re uirer ents. of section 20-9-6 of this Chapter.
EXPIRATION OF INTERIM USE PERMIT APPROVAL:
A. Unless otherwise � ecified the City Council at the time it is
authorized an interim use permit shall be null and void and expire if the
applicant fails to utilize such interim use permit and fulfill each and eyer
condition attached thereto ^within one 1) year from the date of its
authorization unless etition for an extension of time in which to-
complete
or utilize the ermit has been granted bv the Zoning
Administrator provided that:
1. The extension is re nested in writin and filed with the City at least
thirty 3 days prior to the expiration of the initial interim use permit
re uest.
2. The request for extension states facts demonstrating that a
faith attempt has been made to complete or utilize the use or
activitv Dermitted in the interim use er it.
3. A maximum of one 1 administrative extension shall be granted,
. The extension shall not exceed ninety...days from the initial
interim use permit expiration date.
5. There shall be no charge for the ficin of a petition for an
administrative extension._
B. Upon r i
en a recommendation from the PlanningCommission and
City staff, the Cit noun it ma rant an extension of the interim use
ermit of treater than ninety o davs nrovided that:
. The conditions described in subsection A.1-3 above are satisfied.
2. The extension shall not exceed one 1 ear from the initial interim
use permit expiration date.
3. The filing of a petition for extension is subiect to fee requirements
ents
established by City Council resolution.
20-4-7: OCATIO ! OF INTERIM sPERMITS:
A. The Plannina Commission may recommend.,., and the Cit Council ma
direct.,- the -revocation of anv interim use permit - for cause upon
- ----------
determination that the authorized interim use is not in conformance with
the conditions of the Hermit or is in continued violation of this Chapter, cit
codes, or other applicable regulations.
B. The City Councilor Planning- Commission shall initiate an-amlication and
the ZonEno Administrator shall notify the responsible person that they have
21
an opportunityto show cause why the permit should not be revoked.
C. The a kati n shall bgprocessed and consideredursuant to Section
2-5-2 of this Chatr.
20-4-8: PERFORMANCE SEC HT1 �
A. Except in the Carse of non -income vroducing residential property
.(excluding relocated structures), upon amroval of an interim use i)er nit
the fit shall he provided,where deemed ne essa h the Council, with
performance security. -as roved by the City Attorne rior to the
issuing of building ermits or initiation of work on the ro sed
improvements or de elo anent. Said se uirit shall henon-cancelable and
shall auarantee conformance and coin lian a with the conditions of the
interim use permit and the ordinances of the Citi,
B. The security shall he in the amount equal to the Zonin Admini trator's
estimated costs of labor and materials for the proposed improvements or
development. Said prgLect mav be handled in stages upon the discretion
of the Zoning Administrator.
C. The City shall hold the securitv until completion of the -proposed
improvements or development and a certificate of occupancy indi atin
compliance with the interim use ermit and ordinances of the City has
been issued by the City=BuildingOfficial.
D. Failure to comply with the conditions of the interim use -permit or the
ordinances of the Cityshall result in forfeiture of the IsecurLy in whole or in
art depend i nu Pon the degree of non-compliance and at the discretion
of the City Council.
E. Whenever a Derforr ante guarantee is imposed ...th ....C.ity, the a licant
shall he required to enter into a performance a reement with the CAy.
This agreement is to provide authorization to the City to utilize the posted
serif and complete stipulated work should the.apDlicant fell 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 r .a.v he
determined by the Citv Attorney.
20-5-9: CERTIFIC TIO of T PAID: I : Prior to rovin an application for
an interim use permit, the applicant shall orovide certification to the Cit that
there are no delinquent Droperty taxes t special assessments, interest, or Citi
22
utility fees due upon the parcel of rand to which theapplicationrelates.
20-5-10: INITIATION: The City Council or the Plannina Commission mav, u on
their own motion, initiate a reouest for an interim use permit in conformance with
the rovisions of this Section. T Any erson owning real estate or having
documented interest therein, mayjnifiate a request for an interim use permit for
said real estate in conformance with the rovisions of this Section.
Section 16. Section 6 of the Zoning Ordinance Administration - Variances) is
hereby amended to add the following provision:
20-6-2t BOARD of ADJUSTMENT ENT All APPEALS: The City Council shat
serge as the Board of Adjustment and A r)eals,
Section 17, Section 20-6-2 of the Zoning Ordinance (Administration - Variances)
is hereby amended to read as follows:
(ZRMr=RA1 PROVIRIMIR AMID RTAKMARMIREVIEW CRITEM:
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,
4A. "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:
. That the variance would be consistent with the Comprehensive
Fran.
2. That the variance would be in harmony with the general purposes
and intent of this Chapter.
23
G3:. That the plight of the landowner is due to circumstances unique
to the property not created by the current or an revious
landowner.
4• That the purpose of the variance is not exclusively economic
consideration.
e5- That the granting of the variance will not alter 'the essential
character of the neighborhood in which the parcel of land is located.
f6. That the requested variance is the minimum action required to
eliminate the practical difficult.
W. 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.
4D. The Planning Commission, in the vase 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.
E. 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.
Section 18, Section 20-6-3 of the Zoning Ordinance Administration -- Variances)
is hereby amended to read as follows:
20-6-34: PROCEDURES:
A. Minor Variances:
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:
24
a. Cases where raddifficulties dii ulties to existi ng buildings or
platted property are creamed ars ar result of public action or
change in City Code standards (exr.-.e _ othr_t- those
amendments aff tJ =floodplain, shoreland, wetland, and/or
wild and scenic river regulations).
b. Structure or setback deviations which are characteristic of
and common to neighboring uses and which do not exceed
fire 5 feet or more than a ten 1 _ percent departure _from _.
standard established by this Chapter.
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B. M a} o r Variances:
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Classification. All variances which a re not classified as
"minor" sha|| be deemed " m aj o r" variances.
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C. Proessin A for minor ra`or variance shall be filed with
the Citv on an official application form and processed In accordance with
this Section and Minnesota Statutes 15,99.
-1. Ana Ration shall be accompanied a fee as rovided for bv
Section 2--2 of the City Code.
a. Such iication shall alsobe nor anied detailed
written and graphic materials fully explaining the proposed
change, develo ment, or use including the information
re uired by Section 20-9-6 of this Chapter.
b. The request shall be considered as beina officially submitted,
when the Zonin Administrator determines that all the
information requirements air complied with.
G. The Gi v Council, the Plannina Comm ission....and -the Cit
staff shall have the authoritto re uest additional information
from the applicant or to retain expert testimony at the
em ense of the applicant and said information is to be
declared necessary to establish performance conditions in
relation to all ertinent sections of this.Chanter.
d. Failure on the part of the apg1kcant to suRRly all necessary
supportive information may be arounds for denial of the
re q uestt
2. Proof of ornershl or Authorization; The _aliant shall su
proof of title and the legal description of the property f_r_which the
variance is re uestd consistina of an abstract of title or registered
ro ert abstract currently certified to ether with any unrecorded
documents rhereby the petitioners aulre _ legal orrersh[ or
. ---
equitable ownership interest and as livable supply documented
authorization from the owner s of the vroperty in auestion to
proceed with the re uested interim use permit. ,
3. Upon receipt of said app.li.cation for a major variance the City.Clerk
shall set ublic hearing to be conducted by the Planning
Commission followingProper hearing notification as applicable.._
Proper
v
a. Notice a of said hearing shall consist of a legal Droverty
description_ and description of re uestt and he published in
the official newspaper at [east ten o) days prior to the
hearin .
b. Written notification of said hearing shall be mailed to
surroundinq area property owners within three hundred fifty
(350)feet of the property in question at least ten o days
prior to the hearing,
of copy of the notice and a list of the Droverty owners and
addresses to which the notice was sent shall be attested and
made a part of_ the records of the roeein.
. Failure of a property owner to receive said notice shall not
i nva I id ate ars such proceedings as set forth within this
Section provided a bona fide attempt has been made t
comply with the notice reuirerents of this Section.
. The Zoning Administrator shall instruct the appropriate staff
persons to DreDare technical reports where applicablel and provide
general assistance in re arin a recommendation on the action to
the Planning Commission and City Council.
5. The aDdi ant or a desianate re resentative thereof shall a r)ear
before the Planning Commission and City Council in order to
answer questions concerning the proposed reluest. Failure bar the
applicant to attend meetingsat which the application is to be
considered by the Planning Commission or City Council mar be
ro s fordenial of t h e request.. �.....�..�......�..�..���_..�..�.
6. The Planning Commission shall make a finding of fact and
recommend such actions or conditions relatina to the request as
they deem necessary to carry out the intent an purpose of the
Chapter.
7. The Cit Council shall not consider or act ugon an variance until
they have received a report and recommendation from the Planning
Commission or until sit 60days after the first regular Planninci
Tommi ion meeting at which the request was considered.
. Jon completion of the report and recommendation of the Planning
32
Commission, the re uest shall be scheduled for consideration on
the aaenda of the cit council, Such reports and
recommendations shall be entered in and rade Dart of the
permanent written record of the City Council r eetin
. Upon receiving the report and recommendation of the Planning
Commission and city staff, the City Council shall have the _option to
set and hold public hearing if deemed necessary and shall make
a recorded findin of fact and . may impose a condition it
considers necessary to protect the public health safety and
welfare.
10, If. upon recei inn said reports and recommendations of ..t e
Plannin commission and City staff the City council finds !"a
specific inconsistencies exist in the review process 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 Planning Commission for further
consideration.
Approval of a request shall require passage by a _four-fifths k4 5
majority vote of the City.Council.
2. The Zoninq Administrator sM ro ide the applicant and property
owner with written notice of the City council's findings of fact and
decision regarding the application.,
13. If a request for variance receives w oroval of the City Councill, ..the
Cit clergy at thea licant's enc ense shall record such with the
appropriate Wright ht counter office. No buildin _emits for the
xoperty in question willb,earanted until recording of the action has
been completed.
14. All decisions bthe Citv Council involving a variance re nest shall
be final except that an rieved erson or persons shall have the
right to aopeal within thirty 30days of the _decision to the Wright
County District _Court,
. Whenever an amAcartion for variance has been considered and
denied the City council a similar application for the variance
affecting substantial) the same property shall not be considered
again by the Plannin Commission or City council for at lust one
fl. -)-year from the date of its denial; ecet as follows:
33
a. if the applicant or propedy owner can cleaLly demonstrate
that the circumstances surrounding the previous variance
application have changed si nlfi aptly.
b. If the CIt Council determines that the circumstances
surrounding a orevious a ll ation has changed significantly..
C. If the City Council decides to reconsider such matter _. .
four -fifth's 45Fs Grote of the entire City Council.
Section 19. Section 6 of the Zoning Ordinance (Administration -- Variances) is
hereby amended to include the followingprovisions:
20-6-5,0 AGREEMENT: The aDor val of a variance and the stl ulati ns
limitations and conditions therein shall be applied to the property in auestion. All
written and graphic materials offi iail submitted to the City shall be treated as a
formal a reement between the applicant art the City.__ Once a raved n
char d, modifications r alterations shall be made to any plan detail, standard,
or specifications without ri r submission of a olan modification re uest to the
Zoning Administrator for review and approval.
Section 20, Section 20-6-4 of the Zoning Ordinance (Administration - Variances)
is hereby amended to read as follows:
20-6-46: EXPI RATION OF VARIANCE APPROVAL:
Unless otherwise specified by the City, if within one 1 year after granting
a variance the use as allured by the variance shall not have been initiated
or utilized, then such a variance shall become null and geld 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:
A. The extension Is requested in writing and filed with the City at least
thirty 3 dans 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.
W. A maximum nun one 1 extension shall be granted.
3
4D. The extension shall not exceed sixty 6 days from the initial
variance expiration date.
E. There shall be no charge for the filing of a petition for the extension
Section 21. Section 6 of the Zoning ordinance Administration - Variances) is
hereby amended to include the followingprovisions:
20-6-8: CERTIFICATION of TAXES PAID: Frier to....approving an application for
a variance the aDplicant shalt provide certification to the Cfty that there are n
delinquent property taxes, special assessments, interest, or City utility fees due
upon the parcel of land to which the ao lication relates.
20-6-9: INITIATION: The City Council or the Plan nin ... oMmis ion may, upon
their own notion initiate a req uest for a variance in conformance with the
provisions of this Section. Any person owning -real estate or having documented
interest therein mav initiate a re uest for a variance app.l.icable to said real estate
in conformance with ther)rovisions of this Section.
Section 22. Section 20-8-2 of the Zoning Ordinance Administration —
Administrative Permits) is hereby amended to read as follows:
20-8-2: PROCEDURE:
# A#i i
rr w
.1 ftft! +K r w w w f w s w s w •
+ i A !-1 rf i*SM* it4M M0w i i i it
ROE *a Fr GF
i Aa
i
A. F emest for an administrative --permit shall be filed with the City on an
official application form and processed in accordance with this Section and
Minnesota Statutes 15.99.
1. An application shall be accomoanied bv a fee as provided for.
Section 2-4-2 of the Citv Code.
3
2. Such application shall also be accompanied by detailed written and
-graphic materials fully explaining the proposed chane,
develo ment or use including the information re uired by Section
20-9-6 of this Chapter.
3. The request shall be considered as being officially submitted when
the Zoning Administrator determines that all the information
requirements are complied with.
. The Zoning Administrator shall have the authority to reouest
additional information from the =Mlicant or to retain expert
testimQM at the o
Xpense of the ii 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 applicant to supply all necessary
supportive information may be grounds for denial of the request*
B. proof ofwnershi or Authorization: The applicant spall supply roof of
title and the legal descri tion of the property for which the administrative
permit is rearuested, consisting of an abstract of title or registered property
abstract curren.tly certified together with anv unrecorded documents
whereby the petitioners acquire a legal ownership or equitable owner "hi
interest and as applicable su oly documented
authorization from the
owner(s) of the ror)erty in auestion to proceed with the requested interim
ase permit.
C. The Zoning Administrator shall review the application and related
materials and shall determine in consultation- with other Cit staff as Ua
be wRrogriate. 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 based upon (but not
limited to) the following factors*
11 Zia
•r +r r r r ra W%W&W&9MW1I I FAIWA 0 M11 Iff YALWAO w/ NO �IPA NOW � a L-11 SIL -A a�
f■ f ii i � i� i � � i
# + #It I # #i * #i i # * # A i + i i # + + + + # i
nNIL.K1101• r +r
11
I 'h
M
i i i i i i# i i+ i i # �► +�
T f T f7 f
s
Oil
i1iiiiiiiiq 11111
_ a
11104611
1,A lion� $ $ $ a ■ ■ - __ mom
. a �
p�WA
- as _ $ a $ _ ■ _ a __ a & __a Milli
■ _
$ OFAlkrWI-All1mat
jiliq
■ _ _ _ $ ■ as _ a $ a _ _ _ _ . - a ■ _ *0441aw.,
a $ •• - - a _$ ■ . . § _ a Mi I_ ■ $ ■a,LO 3Mq
a■ - a a _ $ _ - $ - ■
f�ll
"rm
ll
AI
& - $ _
Is
- - - $ - ■ - - - - @- -EMPIRE- - - & _ _
- - - a■ as $ _ _ a _ _
. a ■ ■ a aN@.0,a
.. 1--j- -
_ -IIIII kA- - - _ _ _ 1L I. , ■ _ a _ $ $ $ ■ $ ■_ $ _ -
_ $ $ 19 i Ow _ $ 11 E. he tr NOW 0 1$ _ 11_f16 ON $r OR IS
$ If f16
_ -AP $S. tPet-4-W.W.G.11, 416L it SP 19$ %- NP.4$
a _ , a � _ _ . . _ a $ _ $ ■ $ ■■ $ - - $ $ _ _ $ -
$ - $ ® _ ® ®
q
The proposed action's con siste n Qy with the specific p olicies and
provisions of the Otsego Comprehensive P|a n.
2. The proposed u se's co ati bili{ with e s e n I a n d ƒu t o re land uses
of the area.
3. Theproposed use's co nfo rm with all performance stand ards
contained within the ZoningOrdinance and otherrovisio ns of the
City Code.
4. Traffic aeration of ther ospid use in relation to co labi|ities of
streets servingther er l
5. Theproposed use can be accommodated exists public
services a n d facilities a n d will not overburden t h e City's service
capacity.
E. T h e Zoning Administrator shall make a determination o n approval odenthe ialclnvcfir-amthacW
■■h tm|c c|nn of :Pnc)M n| f|�n || �
,
Go rn mel awe d Pu
37
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, cedes, ordinances, and the standards
f this Chapter shall be attached to the permit.
G. The Zoning Administrator shall re lde the a li nt....... — re ert owner
with written notice of a determination of non-compliance with applicable
codes ordinances, and the standards in thlssectionchinlL
r*r r�nrwr- r ininnifil tho nniiin;4nt ;n w i and that the application for the
permit shall be considered denied;
refy rr+VVI
.. rr-►�_thiz %,p %.q FF,-aRt � �Iri L. %I %A Il I I I I VL%0?rrr ..r[rr .
% IU=-. aUll 71 r� � r� rr ❑ d nn i i �. III e..ri n e r% MI p I i n rle
H. Unresolved disputes as to administrative application of the requirements
f this paragraph shall be subject to appeal as defined by Section f
this Chapter.
Section 23. Section 2--3 of the Zoning Ordinance (Administration —
Administrative Permits) is hereby amended to read as follows:
i i# # i4 i i - . .. + III nnfi
.. ..
. . . . . ,. . . - . %A Lill 1%.fAiiiiiii? Wt
r
eparnfinn # # sR a i i + • iw i#A
%r w %ioF w w
Will w
# ion it * + i * A A nth,
A i+ i iim # * # i #rznxt i
f
nfn III
wfil�IE■1f■1C#17E#ILiwJ�%7",=&n1[l' w w R w II �afiz tho nnn] R w
+r r w w w w W w �t r• w f w
* i i # i i i iI Alk# it # # A6 w
R R IL - it N K l : T R1 M LW.AY
i f a a # �i yi a aI
MA
7! RIII I I n LIIII! R R Y iI # R f T � # s R #
i Ali E � ii E w i f i
w r r wt ■t # w w w s 7! • w
A * i< i<
wis
•t rE w WXWEVA4111L
W !O •t wll �J�11 I." I 41miLWMLWALVIdptlLlqw w
Pq
W tea 11
i w► Ai i i #+ ##� E i i iI& ilk
T iF R R R •R6 0 St
38
kl a+ it as A #
w i i Moil; 1o 11 1
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ON
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#
+� m7
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mli��
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i< + it ! i i i + i t * + i< iY
# F !* �
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14 M ik
�&A_I
20-8-43: PERFORMA 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.
Section 24. Section 8 of the Zoning Ordinance (Administration — Administrative
Permits) is hereby amended to include the following provision:
20-8-41. AGREEME T: The administrative oermit and the stioulations, limitations
and conditions therein shall be aw1jed to the proDerty in guestion. All written and
graphic materials official) submitted to the City shall be treated as a formal
agreement between the apOicant and the City. Once approved_, no changes,
modifications or alterations shall be made to any plan detail standard. - r
specifications - without prier submission of pl p.__ -modification request to the
Zoning Administrator for review and awroval.
Section 25. Section 8 of the Zoning Ordinance (Administration — Administrative
Permits) is hereby amended to read as follows:
t w xhisl
II M$ee
A arm i# it i * A
# j lv#_-T-FFTiR LIT I I *JFVS�11 1XIIia
R T R ## # # R
it ii * i +i
ifo-
A"
ii K_
# w __ III f * r
39
F r r ■ ■ ■
nf
ct
�;31
to %.If I I L %.,' J %.' 1 &9 9%.' VI %of V A%_0L%0F& &%.0 %ON I&L I; 9%.F %.R%oF%L#%tWJ 9 1�4 9 *�# %�F v�Fl J%A19 #wf %-P W 4 %,F "a it %A �mr I %F a I 11164
nf fl lit IMI F'Yk"�1 Y1Y1�1*f1YL•_
%_F V ITT
NON -PERMIT APPi o ►LS: An cases where the Zoning
Administrator i" i en approval authority without a re uirement for an
administrative permit, determinations shall be based upon the criteria
outlined in Section_ 20-8-2.D this Ch
Section 26. Section 8 of the Zoning Ordinance (Administration — Administrative
Permits is hereby amended to include the following provisions:
20-8-6: EXPIRATION of AD E ST ATI E PERMIT APPROVAL: : l.. nless
otherwise specified by the Zonino Administrator at the time it is authorized an
admini trati a ermit shall be null and void and expire if the applicant fails to
utilize such a minlstrative ermit and fulfill each and every condition attached
thereto within one 1 ear from the date of its authorization unless a petition for
an extension of time in which to complete or utilize the err it has been ranted
by the Zoning Administrator provided -that:
A. The extension is reauested in writinci.and filed with the City at least thirty
(30) days prior to the expiration of the initial administrative permit reguest.
B. The request for extension states facts demonstrating that a good-Jaith
atterr t has been made to complete or utilize the use or activity permitted
in the administratl a permit.
C. A maximum of one administrative extension shall be granted.
The extension shall not exceed ninety 9 d from the initial
administrative permit expirationdate.
E. There shall be no charge or the flfn of a -petition for an administrative
extension r
20-8-7: CE TIFICATIO ! of TAXES PAID,,,,. Priorto aimroving an application -fox
an amendment, the applicant shall provide certification to the City that there are
no delinquent i2ronedy taxes, special assessments, interest, orCity utility fees
due upon the parcel of land to which thea l l atlon relates.
20-8-8: INITIATION f The =Qty Council or the Planning Commission may, upon
their own notion initiate a request for an administrative, err it in conformance
IN
with the �r isrons of this _ Section. An erson owning real estate or having
documented interest therein may—initiate a re uest for an administrative permit
aprflicable to said real estate in conformance with thero [s[ons of this Section.
Section 27, Section 20-9-2 of the Zoning Ordinance (Administration — Site and
Building Plan Review) is hereby amended to include the followingprovisions:
i
■ ■ a . i
. PPLIC T[o : All building and site Oans for
townhouse, multi le family, commercial, or industrial construction shall be su ■ect
to review by the Planning Commission and approval by the City Council. except
that those.-PLan modifications artions rr eetir the following criteria as determined the
Zoning -Administrator, may be a Droved administrativeiv In accordance with
Section 8 of this Cher:
A. Only applications for rxeexisting uses or uses explicitly classified a
allowed uses,, in ludin arccesso uses b revious roved site and
buildingplans o er In the use of the property are eligible for
administrative approval.
B. The site and uildin lan modification shall not result in an increase in
hours of operation. traffic e to ees or number of d rellln unity expand
any rincl al buildina or otherwise increase the intensity of the use of the
site.
C. The permit modification shall comply with all requirements of the
app-licable zoning -dist ict and all other erformance standards of this
Chapter or the Citv Code.
D. All applications for site and building plan modification shall be complete
and in fill accordancerith the re uirerents of section 20-9-6 of this
Chapter.
Section 28. Section 20-9-3 of the Zoning Ordinance Administration — Site and
Building Plan eerier is hereby repealed in its entirety and amended to include the
followingprovisions:
41
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20-9-3: PROCEDURE:
E:
A. Request for., site and building.. I n aporoval shall be filed with the Citv on
n official applica.,tion form and processed in accordance with this section
and Minnesota Statutes 15.99.
1. An aDDlication shall be ac.c..ompanied by a fee as provided for Co
Section 2--2 of the City Code.
2. Such a Ci ation shall also be accompanied detailed written and
graphicmaterials fully explaining the provosed than
development,or use including the information required by Section
20-9-6 of this Chapter.
3# The reguest shall be considered as being officially submitted hen
the Zonino Administrator determines that all the information
re uirements are cora Ciel with.
4. The City Council the Planning Commission and the City staff shall
have the authority to request additional information from the
applicant or to retain ear_ art testirrn, at the enc_ ease f the
applicant,said information is to be declared necessary to establish
performance conditions in relation to all pertinent sections of this
Chapter.
. Failure on the oart of the applicant to supply -all necessary
s oortiye information may be grounds for denial of_the request.
B. Proof of wnershi or Authorization: The appi.icant shall supplyproof of
title and the le aC description of the property for which the site and build.ing
Can ro al is reauested, consistingof an abstract of title or registered
ro erty .......abstract currentiv certified together with an unrecorded
documents whereby the etitioners acouire a [eqal ownership or equitable
42
ownersbia= interest and as applicable supply documented authorization
from the owner(s) of the propeft. in question Ao poceed with the
requested site and uildfn _ fans.
C. The Zoning Administrator shall instruct thea ro riate staff -persons to
prepare technical reports where appjicable, and provide general
assistance in pre arino a recommendation on the _ _ tion to the Pfanninci
Com' mission and City Council.
D. The applic.a.nt or a designated representative thereof shall appear before
the Planning Commission and City Council in order to answer -questions
concerning a rorme r ue t.
E. The Planning Commission and City Council shall review the proposed site
Ian based upon comp.liance with the Comprehensive Plan I)rovisioms-0-f
this Chanter, and other applicable.chapters of the City Code.
F. The Planning Commission shall make a finding -of fact and recommend
nd
such actions or conditions relatin to the re uest as they deem neessaEy
to carry out the intent and purpose of this Cha ter,
G. The City Council shall not consider or act upon an application until the
have received a re orf and recommendation from the Plannin
Commission or until sit 6 days after the first-, regular Plan n
Commission meeting at which the re--..uest was considered.
H. Uoon comdetion of the reoort and re ori mendat.i.on..._._- f the Plannin
Commission the reauest shall be scheduled for consideration on the
agenda of the City Council* Such reports and recommendations shall be
entered in and made hart of the permanent written- -record of the City
Council meeting.
If, upon receiving said reports and recommendations of the Piannin
Commission and Cit staffthe Cit Council finds that specific
inconsistencies exist in the review rocess and thus the final
recommendation of the City Council will differ from that of the Pfannin
Commission, the cit council may Before twin ff nal action refer the
matter back f to the Pfannin Commission for further consideration.
J. Approval of a request shall re uire passacie by a maiority vote of the Cit
Council.
K. The Zoning Administrator shall provide the apl2licant and property owner
3]
with written notice of the City Council's findings of fart and decision
regarding the application.
L. if a request for site and building Ian aDDroval receives amgoval of the
City Council the City at the applicant's expense, shall record such with the
appropriate Wright County officer No building _permits for the ro rt in
question will he granted until recording of the action has been cow leted.
Section 29. Section 20-9-4 of the Zoning Ordinance Administration — Site and
Building PlanReview) is hereby amended to read as follows:
AGREEMENTS: ❑r�rl cast t � kt Linn ninne--noir- 1�ii st r �rr�-w■■i
o i • r• itfn fho 4 s V Vf
i ■
lding
�t rl %a ct Gr -a the Cato anllr+= �r�r�rnworl nn .r+F-t t-�noQ r,n ifinnt nQ nr- Pffin fi .
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.&Uhm*ctctinn r%
The site and huildin Ian ro ail and the ti ui tions . .... limitations and
conditions therein shall be lied to the property In guestion. All written and
qraphic materials officially submitted to the City shall he treated as a formal
agreement between the a m) i nt and theCityr Once approved.... -no chap g
modifications or alterations shall he made to any plan detail, standard or
specifications without prior submission of lan modification re uest to the
Zoning Administrator for regiand =royal.
Section 3. Section 20-9-5 of the Zoning Ordinance (Administration — Site and
Building Plan Review) ie is hereby repealed in its entirety and amended to read as follows:
#� A A A i i t + l a *# * +� i+ i i I,*, LmIIIAMIT T W Ti i i A # i it # i A+#■ i1 #
I 12L W1 if am,
M i R Ii
s s
20-9-5: EXPIRATION of SITE AND BUILDING fG PLA APPROVAL: Unless
otherwise specified by the Cit Council at the time it is authorized, approval of
site and building—plans shall be null and void and expire if the applicant fails to
utilize such awrovals and fulfill each and every condition attached thereto within
one (1) vearr from the date of its authorization unless etition for an extension of
time in which to or r)lete or utilize the ermit has been. ciranted by the Zoning
Administrator provided that:
Ar The extension is recluested in writing and fired with the City at least thin
44
(30)days 12rior to the expiration of the initial site and building _plan approval
req uet.
B. The request for extension states facts demonstrating that a good faith
attempt has leen made to complete or utilize the use or activity permitted
site and building glans.
C. A maximum of one 1administrative a tension shall be granted.
D. The extension shall not exceed ninety 90) days from the initial
administrative Hermit. expiration date.
. There shall be no charge for the filing of etition for an administrative
extension.
Section 31. Section 9 of the Zoning Ordinance (Administration – Site and
Building Plan Review) is hereby amended to include the following provisions:
20-9-6: INFORMATION REQUIRE ENT: The information required for all site
fan applications shall consist of the foliow�n items ars shall be submitted unless
waived by the Zoning— r inistrator"
A. Site boundaries, uil in sstructures and other im rover e is on the site shall
e identified with a current certificate of survey, preparedand si n a
Minnesota ota licensed land surveyor,depicting the following:
_
Scale of lan en ineerin scale only), a one inch equals fifty-11�� � 50'
feet or less.
2. North point indication.
3. Existing boundaries with lot dimension and area.
. Existing site....improvements.
5. All encroachments.
. Easements ents of record.
. Leaal description of the prope .
. Ponds rakes rin rivers or enter eater a s bordering erin on or running
45
through the su[ct urooerty.
B. A site plan utlliin a copy of the current certificate of survey as a base for the
site in question, depicting the follow
Name and address of d evelo=per/owner.
2. Name and address of architectdesi nrt
3. Date of dan preparation.
. Dates and description of all revisions.
. Name of project or d veld ent.
6. All proposed improvements, including:
at Required and proppsed setbacks.
b# Location setback and dimensions of all proposed buildings and
structures.
C. Location of all adjacent buildings located within one hundred
feet of the exterior boundaries of the DroDertv In mestion.
d. Location number, dimensions and setbacks of proposed parkina
aces and drive aisles.
e. Location number, and dimensions of promsed loading uaces,
f. Location width, and setbacks of all curb cuts and driveway—s._
9. Vehicular circulation.
h. Sidewalks and trails.
it Location and ty e of all Droposed lighting, including details of all
no used fixtures and chotor etrlc illumination.
inatlon.
P, Location of recreation and service areas.
k, Location of rooftop equipment and proposed screnin ,
511
1. Provisions for storage and dis osal of waste. garbageand
reWqlables, including details for screening exterior t rash re chin
enclosures.
M. Location si gn and tvpe of water and severs stern mains and
ro osed service connections.
C. Grading,drains a and erosion control lar utilizing a copv of the current
certificate of.survey as a base for the site in.ciuestion, prepared and signed a
Minnesota licensed engineer, depicting -the folio cin
Exi.stbg contours at two foot intervals (may be prepared a
Minnesota licensed surveyor,
2. Pronosed grade elevations at two 2foot maximum intervals,
3. Drainsge plan,...including the configuration of drainage areas and
calculations.
. Storm sever catQh basins, invert elevationstvpe of castiogs, and type of
materials,
5. Spot elevations(may be prepared by a Minnesota licensed surveyor).
6. Proposed driveway arades.
, Surface water ponding and treatment areas.
. Erosion control measures.
D. Landscaping lay utilizing a copy of the current certificate of survey as a base
for the site in question, depicting the foilo rin
. Plant n schedule (table)
. Quantities.
C. Common naives.
d. Botanical names.
47
e, Sizes of plant r aLe al.
f. [foot specification bare roof balled and burls ed otted etc. .
q. veil plantininstructions.
2. Locationtype, and size of all existina significant trees to be removed -or
D re_s rve d.
3. Planting detail shove all saackes to scale at normal mature crown diameter
or Bread for local hardiness zone1.
. Typical sections with details of fences tie gall canter boxes, tot lots,
picnic areas, berms and thelike.
5. Typical sections with details of landKAae Mans lanter beds and
foundation iantin s with identification of materials used.
6. tote indicating how disturbed soil areas will be restored through the use
of sodding, seeding, or other techniques_.
7. Delineation of both sodded and seeded areas with res a Live areas in
square feet.
. Coverage l2lan for under round irrigation system, if ar��,r.
9. Where lardsca a or manmade materials are used to-
provide screening
from adjacent and neighboring ro ertie a cross -through section shall be
rovided showing the perspective of the site from the neighboring pproperty
at the propertv line elevation.
10. Other existino or proposed conditions which could be ex ected to affect
landscaping,
E. other plansand information as re aired by the Zoning Administrator includina.
but not limited to:
1. Architectural elevations of all rind al and accessory uildin t
color and materials used in all external surface=s= .
2. "Typical" floor Ian and "f ical" room plan drawn to scale with a summary
of square footage for each use or activity.
8
3. Eire protection plam.
. Extent of and any proposedmodifications to land within the environmental
protection districts s established by chapter 50 of this Chapter,
�.
Type, location and size area and height) of all signs to be erected upon
r
theproperty In question.
6. Vicinitv mao showing the subject.. pronerty in reference to nearbyAiqhtMys
or major street intersections.
7. Sound source control plan.
. Wetland eline t n report.
20-9-7*a PERFORMANCE SECURITY:
A. Except in the case of non -income producing residential_ro rty
- ._.
(excludincirelocated structures), uponal2oroval of site and build incl- cans
the City shall be Provided, where deemed necessary the Council, with
performance security roe b the City Att rney prior to the
issuing of buildina permits or initiation of work on the proo.ogied
im ro en ents or developMent. said se unit shall be non -cancelable and
shall auarantee conformance and coni liance with the conditions of the
interim use...permit and the ordinances of the City.
B. The security shall be in the amount equal to the Zonin Administrator's
estimated costs of labor and materials for the nroposed improvements or
development. said ro'e t mav be handled in stages upon the discretion
of the Zoning Administrator.
C. The City shall hold the securitv until completion of the proposed
improvements or development and a certificate of _ c u an indicating
compliance with the interim use permit and ordinances of the -City has
been issued..bv the City. BuildingOfficial.
. f=ailure to comply frith the conditions of the site and buildina dana ro yal
or the ordinances of the City shall result in forfeiture of the seurit in
whole or in art d epending on the degree of non-compliance and at the
discretion of the Cit ... Council.
E. Whenever a p:a=rformance-guarantee is imposed bythe City,the aolicant
Mj
shall be re uired to enter into-performanceagreement with the Cit
This agreement is to provide authorization to the City to utilize the posted
securitv and complete stipulated work should the applicant fall to meet the
terms and conditions of the vermit. Said agreement shall hold harmless
the City for om letlon of the work and address other matters as may=be
determined by the City Attorney.
20-9-8: CE TIFIC TIO of TAXES PAID: ; Prior to ao rovino an amAcation for
a site and building plan review, the applicant _shall provide certification to the =9 Ut
that there are no delinquent property taxes; special assessments; interest, or cit
utilit fees due upon the parcel of land to which the site plan and buildina review
application relates.
Section 32. Section 10 of the Zoning Ordinance (Administration — Certificate of
Zoning Compliance) is hereby repealed in its entirety, Section 11 (Administration —
nforcement and Penalties to be renumbered as Section 10 and Section 1 `lto be
reserved.
Section 33. Section 20-15-3 of the Zoning Ordinance (Administration — Non-
Conforming
Lots, Buildings, Structures and CJs is hereby repealed in its entirety and
amended to read as follows:
20-15-3: GENERAL P OVISION&
A. Except as provided below, any non -conforming structure or use lawfully
existing upon the effective date of this Chapter shall not be eV andel
enlarged, intensified or reconstructed, but may be continued at the size
and in the manner of operation existing upon such date except a
hereinafter specified or subsequently amended. For the purposes of this
section the following terns shall be defined as follows:
E oansion, enlar er ent, or intensification: AnV increase in
dimension* size, area, Volume, _ r heia ht,.....a_.nv._._ increase in the area
of use, any placement of a structure or—part thereof where none
existed before, any addition of a site feature such as a deck* patio,
fence driVewa arkarea or s rimmin � pool,an improvement
that would allover the land to be more intensely developed,anv
move of operations to a new location on the property, or any
increase in intensity of use based on a review of the original nature
function or ur of the nonconforming use the hours of
5
operation, traffic* parking, noise, exterior storage, _ sire, exterior
lightina, t es of operations, types of odds or services offered
odors, area of operati n, number of employees, and other factors
deemed relevant by the City.
2. Improvement: Making the nonconforminu use better, more efficient
or more aesthetically leasin inludin any change that does not
replicate what Preexisted, but does not include an expansi ni
enlargement, ement or intensification.
3. Repl.acement, reconstruction or restoration; Construction that
exactly matches preexisting conditions.
B. Any legal nonconformity. includina the lawful use or o u ation of land or
premises existing at the time of the adoption of an additional control under
this chapter, may he continued, including through repair* replacement
restoration, maintenance, or improvement, but not including expansion,
except as specifically provided in this Section, unless:
The nonconformity or occupancy is discontinued for a period of
more than one 1 year;. or
2. Any nonconformina use is destroyed bv fire or other peril to the
extent of greater than fifty percent of its market value as
determined by the Cit and no building permit has been applied for
within one hundred eighty (180) days of when the property is
damaged. In this case, the.. City ..r .ay.. imr)se reasonable conditions
un a building permit in order to mitigate any newly created impact
n adjacent property.
8. Any subsequent use r occupancy of the Canal or premises shall e
a conforming use or ouany.
Any proposed structure which will, under this Chapter, become non-
conforming but for which a building permit has been lawfully r ranted prior
to the effective date of this Chapter, may be completed in accordance with
the approved plans; provided construction is started within sitar 8days
of the effective date of this Chapter, is not abandoned for a period of more
than one hundred twenty 120 days, and continues to completion within
two 2 years. Such structures and use shall thereafter he a legally non-
conforming structure or use.
GD. incept as herein provided, normal maintenance of a building or other
51
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.
E. Except as herein provided, alterations -rear be made 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. legal non -conforming, si
E- ngle 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.
1 lip
i i i< i i •+ A # a! V ■ 1 +� +'� A ■ ■G ■ A ■III 1711■
4
OPINION
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MG. When any lawful non -conforming use of any structure or land in any
district has been changed to a conforming use, it shall not thereafter be
changed to any non -conforming use.
4. A lawful non -conforming use of a structure or parcel of land may be
changed to lessen the non -conformity of use. Once a non -conforming
structure or parcel of land has been changed, if shall not thereafter be so
altered to increase the non -conformity.
#= A i A i i A ii + t i fiffil (Ri< # +� af Uc fnir ii 1
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i i ■ + + # A i on + gad i # i< Mincl r.Q.C%tA A i< i
52
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11
S e cfio n 34. Section 20-96-3 of the Zoning Ordinance ( Preservation
Sites) is hereby amended to read as follows,
53
20-96-3: ESTABLISHMENT of HERITAGE PRESERVATION COMMISSION:
The Cit} Council shall appoint an advisory commission to be known as the
Otsego Heritage Preservation Commission. Membership qualification,
terms and bylaws of such Commission shall be established by City
Council resolution. Commission members rust be persons with
demonstrated interest and expertise in historic preservation and A, majority
of the members r rust reside within the City of Otsego. The [heritage
Preservation Commission shall include, it available, a member of the
Wright County historical Society.
Section 35. This Ordinance shall become effective immediately upon its
passage and publication.
LOTION BY:
SECOND Y:
ALL IN F"OR:
THOSE OPPOSED:
ADOPTED TED y the City Council of the City of Otsego this 13th day of
January, 2014,
ATTEST:
Tani Loff, City Clerk
4
CITY of OTSEGO
Jessica L. Sto kamp, Mayor