ORD 2023-04 An Ordinance Amending the City Code Regarding Commercial Zoning Districts and UsesORDINANCE NO.: 2023-04
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE CITY CODE REGARDING COMMERCIAL ZONING DISTRICTS AND USES.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Section 11-2-2 of the Zoning Ordinance (Definitions) is hereby amended to add the
following definitions:
Off Site Service Business: A company that provides labor, maintenance, repair and activities
incidental to business production or distribution where the service is provided at the customer's
location, including delivery services, catering services, plumbing and sewer services, and other
uses of similar character.
On Site Service Business: An establishment that provides labor, maintenance, repair and activities
incidental to business production or distribution where the customer patronizes the location of
the operation, such as banks, copy centers, barber/beauty salons, tanning salons, laundromats,
dry cleaners, funeral homes and mortuaries, animal grooming, appliance repair, tailor shops,
travel bureaus unless.
Office, General: An establishment located within a building or portion of a building for the conduct
of business activities involving predominantly professional, or administrative service operations
including attorneys, financial advisors, consultants, insurance, and other uses of similar character.
Office, Medical: An establishment located within a building or portion of a building forthe conduct
of business activities involving predominantly professional medical or dental service operations,
outpatient health services, and other uses of similar character.
Retail Business: An establishment engaged in the display and sale of products produced off site
directly to consumers within a building or portion of a building, excluding any exterior display and
sales.
Section 2. Section 11-50-1 of the Zoning Ordinance (Zoning Districts —Districts Established) is
hereby amended to revise the following row:
B-1 Tra-ns+tienRetail Business District
Section 3. Chapter 75 of the Zoning Ordinance (B-1 District) is hereby repealed in its entirely and
amended to read as follows:
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SECTION 75
B-1, RETAIL BUSINESS DISTRICT
11-75-1: Purpose
11-75-2: Permitted Uses
11-75-3: Interim Uses
11-75-4: Uses by Administrative Permit
11-75-5: Accessory Uses
11-75-6: Conditional Uses
11-75-7: Lot Requirements and Setbacks
11-75-8: Maximum Building Height
11-75-1: PURPOSE: The purpose of the B-1 District is to provide specifically for the development
of retail, restaurant, health services, office, and other non -automotive businesses located within the City's
primary commercial areas defined by the Comprehensive Plan.
11-75-2: PERMITTED USES: The following are permitted uses in a B-1 District:
A. Adult uses, principal and accessory.
B. Banks and other financial institutions.
C. Brew on premises.
D. Brewpubs.
E. Commercial recreational uses, indoor only.
F. Essential services other than transmission pipelines and transmission or substation lines in excess
of thirty three (33) IN and up to one hundred (100) kV.
G. Fitness centers and health clubs.
H. Funeral homes and mortuaries.
I. Governmental and public related utility buildings and structures, City of Otsego only.
J. Hotels.
K. Instructional classes.
L. On -site and off -site service businesses.
M. Offices, general and medical.
Na Parks, trails, play fields, playgrounds, and directly related buildings and structures, City of Otsego
only.
O. Pawnshops.
P. Private clubs or lodges serving food and beverages.
Q. Personal wireless service antennas located on a public structure, as regulated by Section 33 of
this Chapter.
R. Retail sales.
S. Restaurants (not convenience type).
T. Tattoo parlors.
11-75-4: USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of this Section,
performance standards established by this Chapter, and processing requirements of Section 11-8-2, the
following are uses allowed in a B4 District by administrative permit as may be issued by the Zoning
Administrator.
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A. Open or outdoor sales, rental or display as an accessory use in association with an allowed
principal use provided that:
1. The area so occupied shall not exceed ten (10) percent of the principal bung.
storage or display of merchandise shall be permitted in required rear, side or front
yards and shall be limited to the area of the customer entrances.
3. The outdoor sales, rental or display area shall be included in the calculations for parking
spaces required for the use and shall not occupy space required for parking as stipulated
by Section 21 of this Chapter, except as may be exempted for cause by the Zoning
Administrator.
B. Temporary, outdoor promotional events and sales provided that:
1. Promotional Events.
a. Such activity is directed towards the general public and includes grand openings,
carnivals, craft shows, flea markets, mechanical and animal rides and displays of
materials that are typically not sold or serviced on the site.
b. The event shall not exceed the period specified in the administrative permit and
in no case shall exceed three (3) consecutive calendar days per event.
c. There shall be no more than two (2) promotional events per calendar per year
per property.
2. Outdoor Sales.
a. Such activity is directed towards the general public and include warehouse sales,
sidewalk sales, inventory reduction or liquidation sales, distressed merchandise
sales, seasonal merchandise sales, and licensed transient merchant and transient
product merchant sales.
b. The following specific standards shall apply to all proposed temporary outdoor
sales activities allowed by this paragraph and by City Code business licensing
provisions in addition to other applicable building and safety code requirements
as determined by the Zoning Administrator.
(1) The maximum total time for temporary outdoor sales activities shall be
the period specified in the administrative permit and, in no case, shall
exceed sixty (60) days per calendar year per property.
(2) There shall be no more sales activities than those specified in the
administrative permit and, in no case, shall there be more than ten (10)
sales activities per year per property.
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(3) Sales activities may be conducted within a required yard provided the
area is paved and the activity does not interfere with parking, traffic
circulation or emergency vehicle access. Temporary sales on unpaved
landscaped areas is prohibited.
c. General Standards:
(1) The event shall be clearly accessory to or promoting the permitted or
conditional use approved for the site. Only merchandise which is
normally manufactured, sold, or stocked by the occupant on the subject
premises on a regular or seasonal basis shall be sold and/or promoted.
(2) Tents, stands, and other similar temporary structures may be utilized,
provided they are clearly identified on the submitted plan and provided
that it is determined by the Zoning Administrator that they will not impair
the parking capacity, emergency access, or the safe and efficient
movement of pedestrian and vehicular traffic on or off the site.
(3) The submitted plan shall clearly demonstrate that adequate off-street
parking for the proposed event can and will be provided for the duration
of the event. Determination of compliance with this requirement shall
be made by the Zoning Administrator who shall consider the nature of
the event and the applicable parking requirements of this Chapter.
Consideration shall be given to the parking needs and requirements of
other occupants in the case of multi -tenant buildings. Parking on public
right-of-way and streets is prohibited; except that parking on local streets
may be allowed on Saturday and Sunday only, provided that the
petitioner arranges fortraffic control by authorized enforcement officers,
as approved in writing by the Zoning Administrator, at the petitioner's
expense.
(4) Signage related to the event shall be in compliance with the temporary
sign standards of this Chapter and shall be allowed forthe duration ofthe
event. Special signage for purposes of traffic direction and control may
be authorized by the Zoning Administrator; the erection and removal of
such signage shall be the responsibility of the applicant.
(5) The approved permit shall be displayed on the premises for the duration
of the event.
11-75-5: ACCESSORY USES: The following are permitted accessory uses in a B4 District:
A. Commercial or business buildings and structures for a use accessory to the principal use but such
use shall not exceed thirty (30) percent of the gross floor space of the principal use.
Be
Off-street parking as regulated by Section 21 of this Chapter.
C. Off-street loading as regulated by Section 22 of this Chapter.
D. Radio and television receiving antennas including single satellite dish TVROs three and one-half
(3.5) meters or less in diameter, short -wave radio dispatching antennas, or those necessary for
the operation of electronic equipment including radio receivers, federal licensed amateur radio
stations and television receivers, as regulated by Section 33 of this Chapter.
11-75-6: CONDITIONAL USES: The following are conditional uses in a B-1 District -subject to the
procedures set forth in and regulated by Section 4 of this Chapter.
A. Convenience food restaurants, provided that:
1. The architectural appearance and functional plan of the building and site shall not be so
dissimilar to the existing buildings or area so as to constitute a blighting influence within
a reasonable distance of the lot.
2. At the boundaries of a residential district, a strip of not less than five (5) feet shall be
landscaped and screened in compliance with Section 19 of this Chapter.
3. Each light standard island and all islands in the parking lot landscaped or covered.
4. Parking areas shall be screened from view of abutting residential districts in compliance
with Section 16 of this Chapter.
5. Parking areas and driveways shall be curbed with continuous curbs not less than six (6)
inches high above the parking lot or driveway grade.
6. Vehicular access points shall be limited, shall create a minimum of conflict with through
traffic movements, shall comply with Section 21 of this Chapter and shall be subject to
the approval of the City Engineer.
7. All lighting shall be hooded and so directed that the light source is not visible from the
public right-of-way or from an abutting residence and shall be incompliance with Section
16 of this Chapter.
8. The entire area shall have a drainage system which is subject to the approval of the City
Engineer.
9. The entire area other than occupied by buildings or structures or plantings shall be
surfaced with blacktop or concrete which is subject to the approval of the City Engineer.
10. All signing and informational orvisual communication devices shall be in compliance with
the provisions of Section 37 of this Chapter.
B. Day care facilities as regulated by Section 30 of this Chapter.
C. Essential services involving transmission pipelines and transmission or substation lines in excess
of thirty three (33) I<V and up to one hundred (100) I<V.
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D. Governmental and public utility buildings and structures; other than City of Otsego.
E. Micro -distilleries with tasting rooms.
F. Minor automobile repair, provided, that:
1. The hours of operation shall be limited to seven o'clock (7:00) A.M. to ten o'clock
(10:00) P.M. unless extended by the City Council.
2. All repair activities shall be conducted within the principal building with overhead doors
to the service area(s) closed at all times, except when moving vehicles in and out.
3. The emission of odor by a use shall be in compliance with and regulated by the
Minnesota Pollution Control Standards, Minnesota regulation APC 7011, as amended.
4. All flammable materials, including liquids and rags, shall conform with the applicable
provisions of the Minnesota State Fire Code.
5. All outside storage is prohibited. Storage of damaged vehicles, vehicles being repaired
and vehicle parts and accessory equipment must be completely inside a principal or
accessory building.
G. Motor fuel sales approved prior to March 27, 2023, provided that:
1. 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 (6) inch 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 (5) foot 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 11-75-6.C.2.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. 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 Section 21 of this
Chapter.
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 maybe 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 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 11-75-6.C.1.b
and 11-75-6.C.1.c of this Chapter, or shall be located in a side or rear yard
and fully screened from view from adjacent properties as the public right-
of-way with materials consistent with the principal building.
2. The hours of operation shall be limited to 6:00 AM to 12:00 AM, unless extended by the
City Council.
3. Motor fuel activities shall be installed in accordance with State and City standards.
Additionally, adequate space shall be provided to access gas pumps and allow
maneuverability around the pumps. Underground fuel storage tanks are to be positioned
to allow adequate access by motor fuel transports and unloading operations do not
conflict with circulation, access and other activities on the site. Fuel pumps shall be
installed on pump islands.
4. A protective canopy located over pump island may be an accessory structure on the
property and may be located twenty (20) feet or more from the front lot line, provided
adequate visibility both on and off site is maintained.
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5. The architectural appearance and functional plan of the building and site shall not be so
dissimilar to the existing buildings or area as to constitute a blighting influence within a
reasonable distance of the lot. All sides of the principal and accessory structures are to
have essentially the same or a coordinated, harmonious finish treatment.
6. The entire site other than that taken up by a building, structure or plantings shall be
surfaced with blacktop or concrete to control dust and drainage which is subject to the
approval of the City Engineer.
7. At the boundaries of the lot, a strip of not less than five (5) feet shall be landscaped and
screened in compliance with Section 19 of this Chapter.
8. Each light standard base shall be landscaped.
9. Vehicular access points shall create a minimum of conflict with through traffic movement,
and shall be subject to the approval of the City.
10. An internal site pedestrian circulation system shall be defined and appropriate provisions
made to protect such areas from encroachments by parked cars or moving vehicles.
11. An enclosed screened area is to be provided for rubbish and dumpsters.
H. Personal wireless service towers and antennas not located on a public structure, as regulated by
Section 33 of this Chapter.
Veterinary clinics and animal Kennels, provided that:
1. All areas in which animals are confined are located indoors and are properly
soundproofed from adjacent properties.
2. Animal carcasses are properly disposed of in a manner not utilizing on site garbage
facilities or incineration and the carcasses are properly refrigerated during periods prior
to disposal.
3. An animal Kennel is permitted as a use accessory to the veterinary clinic provided that:
a. An indoor exercise area shall be provided to accommodate the periodic exercising
of animals boarded at the Kennel. No outdoor exercising of animals shall be
permitted.
b. A ventilation system shall be designed so that no odors or organisms will spread
between wards orto the outside air and will be capable of completely exchanging
internal air at a rate of at least twice per hour. Air temperature must be
maintained between sixty degrees (60°) and seventy five degrees Fahrenheit
(75°F).
c. A room separate from the kennel area shall be provided of sufficient size to
adequately separate animals that are sick or injured from healthy animals.
d. Indoor animal kennel floors and walls shall be made of nonporous materials or
sealed concrete to make it nonporous.
e. Animal wastes shall be flushed down an existing sanitary sewer system or
enclosed in a container of sufficient construction to eliminate odors and
organisms and shall be properly disposed of at least once (1) per day.
f. All state health department and Minnesota pollution control agency
requirements for such facilities are met.
11-75-7: LOT REQUIREMENTS AND SETBACKS: The following minimum requirements shall be
observed in a B4 District, subject to additional requirements, exceptions and modifications set forth in
this Chapter.
A. Lot Area: One (1) acre.
B. Lot Width: Two hundred (200) feet
C. Setbacks:
1. Front yard:
Setbacks Setbacks
From From Right -
Centerline of -Way Lines
65 feet 30 feet
Where a lot is located at the intersection of two (2) or more streets or highways which
bound two (2) or more sides of the lot, no building shall project beyond the front yard line
of either street.
2. Side yards: Ten (10) feet, unless if abutting a Residential District: Thirty-five (35) feet.
3. Rear yards: Twenty (20) feet, unless if abutting a residential district: Thirty-five (35) feet.
11-75-8: MAXIMUM BUILDING HEIGHT:
A. Principal building: Thirty-five (35) feet
B. Accessory building: Per Section 1148-2.F of this Chapter.
Section 4. The PUD, Planned Unit Development District approved by the City Council on 8 April
2002 for Otsego Waterfront is hereby amended to provide that the base allowance of permitted,
accessory, interim, and conditional uses shall be as provided for in the B-1, Retail Business District, as well
as those motorfuel uses approved priorto March 27, 2023, subject to and as may be modified by approval
of a PUD Development Stage Plan in accordance with Chapter 36 of the Zoning Ordinance.
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Section 5. The PUD, Planned Unit Development District approved by the City Council on 10
November 2003 for Otsego Waterfront East is hereby amended to provide that the base allowance of
permitted, accessory, interim, and conditional uses shall be as provided for in the B-1, Retail Business
District subject to and as may be modified by approval of a PUD Development Stage Plan in accordance
with Chapter 36 of the Zoning Ordinance.
Section 5. Ordinance 2005-19 adopted by the City Council on 26 September 2005 establishing a
PUD, Planned Unit Development District for The Great River Centre of Otsego is hereby amended, except
as it applies to Great River Centre of Otsego Fourth Addition, to provide that the base allowance of
permitted, accessory, interim, and conditional uses shall be as provided for in the B-1, Retail Business
District as well as those commercial car wash uses approved prior to March 27, 2023, subject to and as
may be modified by approval of a PUD Development Stage Plan in accordance with Chapter 36 of the
Zoning Ordinance.
Section 6. Ordinance 2005-20 adopted by the City Council on 26 September 2005 establishing a
PUD, Planned Unit Development District for Mississippi Shores 6t" Addition, Mississippi Shores 7t"
Addition, and Mississippi Shores 8t" Addition is hereby amended to provide that the base allowance of
permitted, accessory, interim, and conditional uses shall be as provided for in the B-1, Retail Business
District subject to and as may be modified by approval of a PUD Development Stage Plan.
Section 7. The Zoning Map of the City of Otsego as established by Section 11-50-3 of the Zoning
Ordinance is hereby amended to change the zoning classification of certain properties from B-3, General
Business District to B-1, Retail Business District as shown by Exhibit A.
Section 8. This Ordinance shall become effective immediately upon its passage and publication.
MOTION BY: DAHL
SECOND BY: MOORES
ALL IN FAVOR: STOCKAMP,
THOSE OPPOSED: DUNLAP
MOORES, GOEDE, DAHL
ADOPTED by the City Council of the City of Otsego this 27t" day of March, 2023.
CITY OF OTSEGO
Jessicali. Stockamp, Mayor
ATTEST:
Audra Etzel, City Clerk
Qi
SUMMARY OF ORDINANCE NO.: 2023-04
CITY OF OTSEGO
COUNTY OF WRIGHTI MINNESOTA
AN ORDINANCE AMENDING THE CITY CODE REGARDING COMMERCIAL ZONING DISTRICTS AND USES.
NOTICE IS HEREBY GIVEN that on March 27, 2023, Ordinance 2023-04 was adopted by the City
Council of the City of Otsego, Minnesota.
NOTICE IS FURTHER GIVEN that the ordinance adopted by the City Council amends City Code
pertaining to definitions of various commercial uses; establishment of a B-1, Retail Business District
specifying allowed permitted, conditional, interim, and accessory uses and performance standards; and
amendment of the Zoning Map designating areas zoned B-1 District.
ADOPTED by the City Council of the City of Otsego this 27th day of March, 2023.
CITY OF OTSEGO
BY: Jessica L. Stocicamp, Mayor
ATTEST: Audra Etzel, City Clerlc
Pursuant to Minnesota Statutes 412.191, Subd. 4 and 331A.01, Subd.10, this Ordinance is published in
summary form. Complete copies of the ordinance are available for inspection by contacting the City
Clerlc, Otsego City Hall, 13400 90th Street NE, Otsego, Minnesota 55330 during regular office hours.
1
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF SHERBURNE
Rhonda Herberg being duly sworn on an
oath, states or affirms that he/she is the
Publisher's Designated Agent of the newspa-
pers) known as:
Star News
with the known office of issue being located
in the county of:
SHERBURNE
with additional circulation in the counties of.
WRIGHT
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 04/01/2023 and the last
insertion being on 04/01/2023,
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota State §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the ' newspaper's
circulation is in the latter county.
By:
Designated
Subscribed and sworn to or affirmed before
me on 04/Ol/2023 by Rhonda Herberg,
Notary Public
Rate Information:
(1) Lowest classified rate paid by commercial users
for comparable space:
$999.99 per column inch
CITY OF OTSEGO
COUNTY OF WRIGHT,
MINNESOTA
SUMMARY OF ORDINANCE
NO.: 2023-04
AN ORDINANCE
AMENDING THE CITY
CODE REGARDING
COMMERCIAL ZONING
DISTRICTS AND USES,
NOTICE IS HEREBY GIVEN
that on March 27, 2023, Ordinance
2023-04 was adopted by the City
Council of the City of Otsego, Min-
nesota.
NOTICE IS FURTHER GIVEN
that the ordinance adopted by the
City Council amends City Code
pertaining to definitions of various
commercial uses; establishment
of a B-1, Retail Business District
specifying allowed permitted, con-
ditional, interim, and accessory
as and performance standards;
and amendment of the Zoning Map
designating areas zoned B-1 Dis-
trict.
ADOPTED by the City Council
of the City of Otsego this 27th
day of March, 2023.
CITY OF OTSEGO
BY: Jessica L. Stockamp, Mayor
ATTEST: Audra Etzel, City Clerk
Pursuant to Minnesota Statutes
412.191, Subd. 4 and 331A.01,
Subd.10, this Ordinance is pub-
lished in summary form. Complete
copies of the ordinance are avaik
able for inspection by contacting
the City Clerk, Otsego City Hall,
13400 90th Street NE, Otsego,
Minnesota 55330 during regular
office hours.
Published in the
Star News
April 1, 2023
1304012
Ad ID 1304012