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ORD 2025-04 Amending the City Code Regarding Zoning Districts and Mixed UsesORDINANCE NO.: 2025-04 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE REGARDING ZONING DISTRICTS AND MIXED 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 definition alphabetically: FLOOR AREA RATIO: The floor area. not includine enclosed areas below erade or eara�e space. in sauare feet of all the several floors of buildings on a lot, divided by the area of said lot in square feet. Section 2. Section 11-17-4.D of the Zoning Ordinance (General Yard, Lot Area and Building Regulations — Building Type and Construction) is hereby amended to read as follows: D. Commercial, Office, Mixed Use, And Institutional Uses: The exterior of commercial, office. mixed use and institutional buildings shall include a variation in building materials and forms to be distributed throughout the facade and coordinated into the design of the structure to create an architecturally balanced appearance and shall comply with the following requirements. a. The exterior building finish shall be composed of at least sixty five percent (65%) grade A materials; not more than thirty five percent grade B materials and not more than ten percent (10%) grade C materials. b. All s�selevations of the principal and accessory structures are to have essentially the same or coordinated harmonious exterior finish treatment. 2. B-4 District kjSos-And All Institutional Uses Regardless Of Zoning District: a. For any far-adeelevation facing a public right-of-way, the exterior building finish shall be composed of at least sixty five percent (65%) grade A materials and/or integral color architecturally precast concrete panels with a form liner, tooled, natural stone veneer, brick face and/or cast stone type finish, not more than thirty five percent (35%) other grade B materials and not more than ten percent (10%) grade C materials. b. For all other faeadeselevations, the exterior building finish shall be composed of a minimum of ninety percent (90%) grade A and grade B materials and not more than ten percent (10%) grade C materials. Section 3. Section 11-17-9.0 of the Zoning Ordinance (General Yard, Lot Area and Building Regulations - Minimum Lot Area Per Unit) is hereby amended to read as follows: C. Multiple -family: a. Residential Districts: Two thousand five hundred (2,500) square feet. b. Mixed Use Districts: One thousand five hundred (1.5001 square feet. Section 4. Chapter 21 of the Zoning Ordinance (Off -Street Parking) is hereby amended to add the following provisions: 11-21-13: MIXED USES. The minimum aarl<ing requirement for joint facilities that include office. restaurant retail, government, and/or multiple family residential uses within Mixed Use Districts established by chapter 50 of this title or mixed use developments within other districts as may be allowed by this title are to be determined by the following calculation: A. Multialy the minimum parking required for each individual use as required by section 11-21-8 of this chapter by the appropriate percentage for each of the designated time periods set forth in the following table: Land Use Weekday Weekend Time Periods 12:00 Midni ht -7:OOA.M. 7:OOA.M. 6:OOP.M.- 12:00 Midnight) -7:OOA.M. 7:0OA.M. 6:OOP.M.- 12:0OA.M. 12:OOA.M. -6:OOP.M. -6:OOP.M. Midni ht Midni ht Office 5°0 1009/0 5% 0% 9/ 0% Restaurant 10% 700 100% 20% 70% 1009/0 Retail 0% 90% 60% 0% 100% 60% Government 0% 100% 40% 0 / 40% 25% Multiple Family ° 100/ ° 60% ° 100% ° 100% 75% 100°0 Residential B. Add the resulting sums for each of the designated time periods. C. The minimum number of spaces required for the development shall be the highest sum among the designated time periods. Section 5. Section 11-504 of the Zoning Ordinance (Zoning Districts — Districts Established) is hereby amended to add the following rows after R-MH, Residential Mobile Home Park District and before Business Districts rows: Mixed Use Districts: M-1 Mixed Use District Section 6. Section 11-68-8.0 of the Zoning Ordinance (R,7, Residential High Density District —Lot Coverage, Height, and Bulk) is hereby amended to add the following rows after R-MH, Residential Mobile Home Park District and before Business Districts rows: C. All principal buildings shall be limited to a maximum height of -3-}four 4 stories or y f°��fifty six feet( Section 7. Chapter 70 of the Zoning Ordinance (Reserved) is hereby amended to read as follows: CHAPTER 70 M-1, MIXED USE DISTRICT Section 11-70-1: 11-70-2: 11-70-39 11-704: Purpose Permitted Uses Interim Uses Uses by Administrative Permit 11-70-5: 11-70-6: 11-70-7: Accessory Uses Conditional Uses Lot Requirements and Setbacks 11-70-89 Maximum Building Height 11-70-1: PURPOSE: The purpose of the M-1 District is to provide for development of commercial areas with opportunity for incorporating multiple family dwellings within areas guided by the Comprehensive Plan for Mixed Use land uses. 11-70-2: PERMITTED USES: The following are permitted uses in a M4 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) kV 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. rc3 J. Hotels. K. Instructional classes. L. On -site and off -site service businesses. M. Offices, general and medical. N. Parks trails, play fields, playgrounds, and directly related buildings and structures, City of Otsego only. 0. Pawnshops. P. Private clubs or lodges serving food and beverages. Personal wireless service antennas located on a public structure, as regulated by Section 33 of this Chapter. R. Retail sales. S. Restaurants (not convenience tune). T. Tattoo parlors. 11-70-4: USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of this Section, performance standards established by this Chaster, and processing reauirements of Section 11-&2. the following are uses allowed in a M-1 District by administrative permit as may be issued by the Zoning Administrator: A. Open or outdoor sales. rental or disalav 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 building. 2. No storage or disalav of merchandise shall be permitted in reauired rear, side or front yards and shall be limited to the area of the customer entrances. 3. The outdoor sales. rental or disalav area shall be included in the calculations for parking s aces remu ired for the use and shall not occupy space reauired for aarl<ing as stipulated by Section 21 of this Chanter. 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 2. Outdoor Sales. f3 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 rovisions in addition to other applicable building and safety code requirements as determined by the Zoning Administrator, 1) The maximum total time for temaorary 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. 21 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. 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: (11 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 remises on a regular or seasonal basis shall be sold and/or promoted. 2) Tents, stands, and other similar temaorary structures may be utilized rovided 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. 31 The submitted clan shall clearly demonstrate that adequate off-street arl<ing 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 Chaster. Consideration shall be given to the parking needs and requirements of other occupants in the case of multi -tenant buildings. Parking on public ri ht-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 for traffic control by authorized enforcement officers, as approved in writing by the Zoning Administrator, at the petitioner's expense. L4) Signage related to the event shall be in compliance with the temporary sign standards of this Chanter Cl"d shall be allowed for the duration of the event. Special signage for purposes of traffic direction and control may be authorized by the Zoning Administrator: the erection and removal of such si nage shall be the responsibility of the applicant. 5) The approved permit shall be displayed on the premises for the duration of the event. 11-70-5: ACCESSORY USES: The following are permitted accessory uses in a M-1 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. B, Off-street aarl<ing as regulated by Section 21 of this Chaster. C. Off-street loading as regulated by Section 22 of this Chapter. D. Radio and television receiving antennas including single satellite dish NROs 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. 11-70-6: CONDITIONAL USES: The following are conditional uses in a M-1 District subiect to the procedures set forth in and regulated by Section 4 of this Chapter: A. Convenience food restaurants without drive through facilities. 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 thanfeet shall be landscaped and screened in compliance with Section 19 of this Chapter. 3. Each light standard island and all islands in the narking 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 Chanter and shall be subiect 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 ublic right-of-way or from an abutting residence and shall be in compliance with Section 16 of this Chapter. 8. The entire area shall have a drainage system which is subiect to the approval of the Citv Engineer. 9. The entire area other than occupied by buildings or structures or plantings shall be surfaced with blacktop or concrete which is subiect to the approval of the Citv Engineer. 10. All signing and informational orvisual communication devices shall be in compliance with the provisions of Section 37 of this Chapter. B. Da 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) kV and up to one hundred (1001 I<V. D. Governmental and public utility buildings and structures: other than Citv of Otsego. E. Manufactured Home Parl<s, provided, that: 1. The minimum area reauired for a manufactured home park designation shall be twenty j20j acres. 2. The following minimum lot reauirements are satisfactorily met: a. Lot area: Nine thousand (9.000) sauare feet. b. Lot width: Sixty feet (60'). c. Lot depth: One hundred feet (100'). 3. The following principal structure setbacks are satisfactorily met: a. Front yard: Road Class Setbacks From Centerline Setbacks From Right -Of -Way Lines Principal arterial/minor arterial 130 feet 65 feet Collector street 130 feet 65 feet Local street 65 feet 35 feet From cukde-sac right -of- way n a 35 feet 7 Where a lot is located at the intersection of two (2) or more roads or nIgnWBVS which bound two (2) or more sides of the lot, no building shall project beyond the front yard line of either road. bI Side -yards: Ten feet (101. c. Rear yard: Twenty feet (20'l. 4. Accessory buildings, uses and eauipment comply with the applicable provisions of section 1148-2 of this title. 5. The total ground area of all residential buildings does not exceed a lot coverage of thirty percent (30%). 6. All residences be limited to a maximum heieht of one story or twenty five feet (25'). 7. The manufactured home park is developed in accordance with the City subdivision ordinance and all public improvement requirements incorporated therein. 8. A storm shelter is arovided in comaliance with Minnesota Statutes. The Citv may reauire additional measures as determined necessary to safeeuard the health and safety of ersons occupying the manufactured home park. Such measures may include, but shall not be limited to, screening and/or landscape berms. All emergency storm protection measures shall be subject to City Council approval. 9. The manufactured home aarl< shall comply with Minnesota Statutes section 327.20 et sea., or all applicable City ordinances, whichever is the more restrictive. F. Multiple family dwellings within astand-alone or mixed -use building, arovided that: 1. Minimum Lot Area: The lot shall comply with the following minimum requirements. whichever is greater: a. The minimum lot area reauired by Section 11-70-7.A of this title. b. The minimum lot area aer unit required by Section 11-17-9 of this title for multiple family dwellings or senior housing. c, The maximum floor area ratio shall not exceed seven -tenths (0.7) for buildings on a lot abutting a R-1, R-2, R-3, R-4, or R-5 district. 2. Design and construction standards for principal and accessory buildings shall be as specified by Section 11-17-4.D.1 of this title. 3. Building Height: The maximum building height shall be as set forth in Section 11-70-8 of this title. except for lots abutting a R-1. R-2, R-3. R-4. or R-5 district at a front. side. or rear rope E:3 la) Lots within 1,320 feet of TH 101 right-of-wav: 1) Three stories or thirty five feet (35') within an area one hundred feet 100') or less from any property line abutting a R-1. R-2, R-3. district including those properties separated by public right-of-way* and (2) Four stories or fifty six feet (56') at a distance of more than one hundred feet (100') to five hundred feet (500') from any property line abutting a R-1 R-2. R-3. R-4. or R-5 district. including those properties separated by public right-of-way, (b) All other lots: Three stories or thirty five feet (35') within an area one hundred feet 1001 or less from any property line abutting a R4. R-2, R-3. R-4. or R-5 district including those properties separated by public right-of-way. 4. Buffer Yard: Aside or rear yard abutting a R-1. R-2. R-3, R-4 or R-5 district shall provide for a minimum thirty-five (35) foot setback for all structures, off-street parking, or outdoor recreation areas to be landscaped in accordance with the specifications established by Section 1149-3.B of this title. 5. Off -Street Parking. The off-street parking spaces shall be provided in accordance with Section 11-2143 of this title, and: a. Multiple family uses shall provide one and nine -tenths 11.9) parking spaces for each dwelling unit provided that the number of bedrooms per unit within the building is 2.0 or less. b, There shall be a minimum of one (1) space enclosed below the principal building foI each dwelling unit with one (1) or more bedrooms. 6. An internal site pedestrian circulation system consisting of sidewalks with a minimum width of five feet (5') shall be defined and appropriate provisions made to protect such areas from encroachments by parked cars or moving vehicles clear of any obstacles or impediments. G. Micro -distilleries with tasting rooms. H. Parks and recreational areas owned or operated by private entities or public bodies: other than the city of Otsego. I. Personal wireless service towers and antennas not located on a public structure. as regulated by Section 33 of this Chapter. J. Theaters and other places of assembly: provided. that the site shall be served by a public street of sufficient capacity to accommodate traffic which will be generated by the use. K. 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 uzing 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 or to 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 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 reauirements for such facilities are met. 11-70-7: LOT REQUIREMENTS AND SETBACKS: The following minimum reauirements shall be observed in a M-1 District. subject to additional reauirements, exceptions and modifications set forth in this Chapter: A. Lot Area: One (1) acre. Be Lot Width: Two hundred (200) feet C. Setbacks: 1. Front yard: Setbacks Setbacks From From Right - Centerline of -Way Lines 10 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 abuttine a Residential District: Thirty-five (35) feet. 3. Rear yards: Ten (10) feet: unless if abuttine a residential district: Thirty-five (351 feet. 11-70-8: MAXIMUM BUILDING HEIGHT: A. Principal buildine: 1. Lots abuttine TH 101 or TH 101 frontaee road rieht-of-way: Seventy (75) feet 2. All other lots: Forty eieht (48) feet B. Accessory buildine: Per Section 11-18-2.F of this title. Section 8. This Ordinance shall become effective immediately upon its passage and publication. (Remainder of page intentionally blank —signature page to follow) ADOPTED by the Otsego City Council this 27th day of May, 2025. MOTION BY: SECONDED BY: IN FAVOR: OPPOSED: Goede Lund Stockamp, Goede, Dunlap and Tanner and Lund CITY OF OTSEGO Jessica L. Stockamp, Mayor ATTEST: Audra Efzel, City Clerk 12 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA SUMMARY OF ORDINANCE NO.: 2025-04 AN ORDINANCE AMENDING THE CITY CODE REGARDING ZONING DISTRICTS AND MIXED USES. NOTICE IS HEREBY GIVEN that on May 27, 2025, Ordinance 2025-04 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 Zoning Ordinance to establish the M-1, Mixed Use District and related provisions and performance standards. ADOPTED by the Otsego City Council this 27th day of May, 2025. CITY OF OTSEGO Jessica L. Stocl<amp, Mayor ATTEST: Audra Etzel, City Clerl< 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 Clerk, Otsego City Hall, 13400 901h Street NE, Otsego, Minnesota 55330 during regular office hours. 1 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF SHERBURNE I do solemly swear that the notice, as per the proof, was published in the edition of the 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 06/14/2025 and the last insertion being on 06/14/2025, MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. 9580.033 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 Agent Subscribed and sworn to or affirmed before me on 06/14/2025 Notary Public ,; ����°�_:,;; Darien® Marie MacPherson Minnesota Commission Expires Jan. 31, 2029 Rate Information: (t) Lowest classified rate paid by commercial users for comparable space: $999.99 per column inch CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA SUMMARY OF ORDINANCE NO.: 2025-04 AN ORDINANCE AMENDING THE CITY CODE REGARDING ZONING DISTRICTS AND MIXED USES. NOTICE IS HEREBY GIVEN that on May 27, 2025, Ordinance 2025-04 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 Zoning Ordi- nance to establish the M-1, Mixed Use District and related provisions and performance standards. ADOPTED by the Otsego Gity Council this 27w day of May, 2025. CITY OF OTSEGO 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 avail- able for inspection by contacting the City Clerk, Otsego City Hall, 13400 901h Street NE, Otsego, Min- nesota 55330 during regular office hours. Published in the Star News June 14, 2025 1475334 Ad ID 1475334