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05-15-96 PCANIMAL UNIT EQUIVALENTS 12 Equivalent # of Animals ANIMAL UNIT CONVERSION Animal Units equal to 300 equal to 500 equal to 750 equal to 1000 equal to 1500 Mature dairy cow_ 1.40 214_ 357 536 714 Slaughter steer or heifer 1.00 300 500 750 1,000 _ _1,071 1,500 Horse 1.00 300 500 750 _ 1,000 1,500 Swine over 55 lbs 0.40 750 1,250 1,875 3,750 Duck 0.20 1,500 2,500 _ 3,750 _ _2,500 5,000 7,500 Sheep 0.10 3,000 5,000 _ 7,500 10,000 15,000 Swine under 55 lbs 0.05 6,000 10,000 15,000 20,000 30,000 Turkey 0.018 16,667 27,778 41,667 55,556 83,333 Chicken 0.01 30,000 50,000 75,000 100 000 150,000 12 f 3-tilk .7 7 W1111im: S. ReziftiW1 RADZWILL & COURI. Andre' w J. A&cAdhur Attorneys at Low Michael C.,_Cowi 705 Central Avemm Eao F0 Box 369- -55376.. A Michael, ('612)49IW930 .. . T.. ; I : ' (612) 497-2-599'(W) . May. 7., 1996 Otsego - Planning. Co'rmission C/o 'Elaine. tdiaitty; Ci-.ty :Clerk '8849 Nashua.:Avenue. 'NZ. P, - i k 'River, ::MN 5 5 3 3:0 RR Otsego Te4dlot'.Ordinance ])P-a(r* P34nning Com*ission Members: Enclo.ae.d. please fihd a copy of the proposed feedlot 4jcdlna al..whieh a -whi&h--sectibn -arle�-- diria' I"* T" - W. I h4i�re. reviewed and h �ve -indicated a 2� th e' Minnesota. Rules. All'sectio'ns marked in qreaA. the ;green; Minnesota Rules. All. sections-mar:k.ad in black'colio' from .-Mani-xiis Is. MaAagement I Planning Guide, which does n e' effect ot hav the*:f e. of. ;law. YOUL will note.that some of the referenced passages ai rhot verbatim atim but.,have been changed or portions have been lad .ed 'or deleted. I also have the followin'Tganeriil. comments' r.e regarding-. the,* ord. inat-ice.: s nincl Commission .meeting;' l... As: -.1 'nibtsd: -it. - the la* t Pian e.1`00,0. fedt from .1a*:Rules kes, ponds 'or flowages as sst.'-fortli -in .Minn.mi. 7020.000; S%ibpil 2l merely defines a Shore •set.' lgubp. �2d,- A'of the same section'► indicates that an animal'-feedldt -within. 6h6k.elaind or flo6dplain constitutes -a. "Potential lUtIon'. RazArd" 1,his .Pollution merely. triggers, . MPGA .review of the matter tio—ascert-aiin,whi 'er:.:Or not. - the; proposed feedlot has adeqUekt,eily'' p l problems. • This �,s ..not -a %'setback.,. In '0tsdgo'1#­prdsent ordinance roughly. the same: l;angua%6.. As 'the.., xin,n&66ta� ikule is. used d. b se ut the 1,000 feet i 4sk Liakied;" •as: setback .2. :As, was 6-notedt at. tfie 1#6vious :Planning commissloiii mee:Ei .1;cfte d6lifusion.. -st'-11-1. 76XIBI�i g th 'Upper: llml.t, re ar Ing 'the_': 'upper corns fr rom: t " brc . arid whist e ollil units) ..'and 'the possibility: of a variance. As present- y:,.draf an Z0'd 2288T" 0i T,++o mel Tinoo 8 IjTmzpQ�j WoaA Wd2,S:E0 9661-60-S0 £0 ' d -YdIO1 ..`SS 'i(v7•L•�:.•%ii•5:v,.. "" ...r,•-•iK,' a1?.' Yom' A' J,'.�t -pill '-.?."''S r a�•':ay ''.� +Y `•::!`1�' !T ; ,•n :.n'�r.•�!.;,:.:�.:,.._:�.,>!.a�..!�;::,!t-r�:y=•.:'t. �ry,i=ti�� •:.,t!Lf�4nt;�'c?S �7k��;t%=-•_...q,r;%k�F,-�:a�;Tct*r�►til�,�sYa.•r+s.t a. r•`�7' ��A!'�ii=y. .•i .at:a. •d',•it,..,.;.'ti'�.i•.•• ,1!t�s�::. '"�•�/ ,Ft:u .'t{!4 .�: ;,•;;• :.. Lva�ttsr to..Qtsego Piannirig Contusion , ry:' ge:: 2 .. :.apptl`iait..:JMould theoretically ..stpply `for : variance: io: estab is'''a: :'•• :: •. i ..... , 8' 1.. `t •..:...- :...'°fetJedl,ctt ' .above 1 50fl. animal:: ufiits al'�rioti h.':Yiie j ;chances:- '•variartce. being .grafhb&d "� i uld' .not be• high. a - uiori :°also .:exists.how' the. uppe'..:.tia.t'':s�t. .fvr#h'•: :. ,. voixld-xelatib'•�to. the'vagi.otos �imlts;establ :she"Cl�ti. dn.tri�e :vrba�Cr .sei-�ttce a;►d. othsr; estab]:'ished areas:'°'; ::': ",i:: •. I have,' ,sen .-a :.draft.:.ordinanoe fox extetrided_':;mQr'.zarium.' o...! the :::CouX'd . ..•for'' >s i ratios ;'at Momma ;._....-_.. t:..;..,:.: , .. - • •. •. _ .•:.••• . _ . y:'`:night: s: �.meetiri a :l. -Willbe *V —1—a3�le :to .answer apestiLo Y.....qu n `y .u: `' m y: have u' 'the = : ". • : . inc ...Co niiissiori 'ioneet r q o� :Vedriesday­ bight TOurs., _ ...... - _ de t.. do.:: Bob'NAC r . . i ..'.. Y..:1Cosha1t. 'a "zinson'. Anderson i Ff • 1 • f' : r ��t.' '�', ail.• ;�. :� • •'i: of .. .. .. .. —' t•1. •1. .. ... .... ... is 't 20'd £ZmTttb 01 1,+,}0 mal Z.Jnoo 8 j l Fmzpv8 W021d Wdes:Z0 966T -60-S0 Northwest Associated Consultants, Inc. C O M M U N I T Y PLANNING 9 DESIGN • MARKET R E S E A R C H I l _ USIR TO: FROM: DATE: RE: FILE NO: Otsego Planning Commission Bob Kirmis/David Licht 2 May 1996 Otsego - Zoning Ordinance - Accessory and Temporary Outdoor Sales and Events 176.08 - 96.03 Attached please find a draft amendment to the Zoning Ordinance which establishes regulations for accessory and temporary outdoor sales and promotional events. Specifically, the amendment would make an allowance for such activities in the City's business, industrial and institutional zoning districts via the issuance of an administrative permit. This amendment has been prepared at the directive of the City Council and incorporates comments of the City Attorney. It is anticipated that a public hearing may be set at the forthcoming 15 May Planning Commission -meeting. - pc: Elaine Beatty Andy MacArthur 5775 Wayzata Blvd. - Suite 555 • St. Louis Park, MN 55416 - (612) 595 -9636 -Fax. 595-9837 DRAFT - DRAFT - DRAFT 5/2/96 ORDINANCE NO. 96 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE OTSEGO ZONING ORDINANCE BY ESTABLISHING REGIILATIONS FOR ACCESSORY AND TEMPORARY OUTDOOR SALES AND PROMOTIONAL EVENTS. THE CITY COUNCIL OF THE CITY OF OTSEGO HEREBY ORDAINS: Section 1. Section 20-9 of the Otsego City Code (reserved) is hereby amended to read as follows: SECTION 9 ADMINISTRATION - ADMINISTRATIVE PERMITS Section 20-9-1 Purpose 20-9-2 Procedure 20-9-3 Information Requirement 20-9-4 Performance Standards 20-9-5 Administration and Enforcement 20-9-1 PURPOSE: The purpose of this section is to establish regulations and procedures for the processing and consideration of activities allowed by administrative permit, with the goal of protecting the health, safety, and welfare of the citizens of the City. 20-9-2 PROCEDURE: A. Application for an administrative permit shall be filed by the property owner or designated agent with the Zoning Administrator on forms to be provided by the City. B. New applications and applications for amending administrative permits shall be accompanied by a non- refundable fee as set forth by resolution of the City Council. C. The Zoning Administrator shall review the application and related materials and shall determine 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 base upon (but not limited to) the following factors: 1. Compliance with and effect upon the policies and provisions of the official Comprehensive Plan. 2. The establishment, maintenance or operation of the use, event or activity will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. 3. The use, event, or activity will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. 4. The establishment of the use, event or activity will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 5. Adequate public facilities and services are available or can be reasonably provided to accommodate the use, event or activity which is proposed. 6. The use, event or activity shall, in all other respects, conform to the applicable regulations of the district in which it is located. 7. The use, event or activity and site conform to all applicable performance standards of this Chapter. E.- -The Zoning Administrator shall make a determination on approval or denial of the administrative permit within thirty (30) days from the date of submission of a complete application. Upon notification to the applicant that any application presented is incomplete in any way, no action will be commenced by the City until such time as a complete application is submitted. 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, codes, ordinances, and the standards of this Chapter shall be attached to the permit. 2 G. Determination of non-compliance with applicable codes, ordinances, and the standards in this paragraph shall be communicated to the applicant in writing and the application for the permit shall be considered denied; unless, within ten (10) days of the date of such notice,• the applicant submits revised plans and/or information with which the Zoning Administrator is able to determine compliance. H. Unresolved disputes as to administrative application of the requirements of this paragraph shall be subject to appeal as defined by Section 20-6 of this Chapter. 20-9-3 INFORMATION REQUIREMENT: The information required for all administrative permit applications shall include: A. A concise statement describing the proposed use, event or activity, including the purpose, type of merchandise involved, dates and times of operation, number of employees involved, provisions for on-site security, provisions for on-site parking, and other pertinent information required by the Zoning Administrator to fully evaluate the application. B. A copy of the approved site plan for the property or an "as built" survey which accurately represents existing conditions on the site, including entrances and exits, bona fide parking and driving areas, and which accurately indicates any proposed temporary structures, including tents, stands, and signs. C. An accurate floor plan, which in the judgement of the Zoning Administrator, such a plan is necessary to properly evaluate the location of the event and the effectiveness of available entrances and exists. D. A copy of the current sales tax certificate issued by the _State of Minnesota, if applicable. - E. Certification that all property taxes, special assessments, interest and utility fees due upon the parcel to which the administrative permit relates have been paid. F. Proof that the applicant has insurance, in an amount acceptable to the City, to protect from risks inherent in the proposed activity. G. Information identified in Section 20-4-4 of this Chapter, as may be applicable. 3 20-9-4; PERFORMANCE STANDARDS: All uses, events or activities allowed by administrative permit shall conform to the applicable standards outlined in the zoning district in which such use, event or activity is proposed. 20-9-5: ADMINISTRATION AND ENFORCEMENT: A. The Zoning Administrator shall keep a record of applications and administrative permits. B. A copy of all administrative permits issued shall be forwarded to appropriate staff as determined by the Zoning Administrator. C. Enforcement of the provisions of this paragraph shall be in accordance with Section 20-8 of this Chapter. Violation of an issued permit or of the provisions of this section also shall be grounds for denial of future permit applications. Section 2. Section 20-62 of the Otsego City Code (B-1 District provisions) is hereby amended to add the following: 20-62-3A: USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of this Section, performance standards established by this Chapter, and processing requirements of Section 20-9-2, the following are uses allowed in a B- 1 District by administrative permit as may be issued by the Zoning Administrator: 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 building. 2. No 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 20-22 of this Chapter, except as may be exempted for cause by the Zoning Administrator. Ell 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; two (2) of the days shall be a Saturday and a Sunday. C . There shall be no more than two (2) promotional events per calendar 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 pr property. 5 (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 even 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 for traffic control by authorized enforcement officers, as approved in writing by the Zoning Administrator, at the petitioner's expense. 0 (4) Signage related to the event shall be in compliance with the temporary sign standards of this Chapter and 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 signage shall be the responsibility of the applicant. (5) The approved permit shall be displayed on the premises for the duration of the event. C. Other uses of the same general character as those listed as a permitted use in this district. Section 3. Section 20-63 of the Otsego City Code (B-2 District provisions) is hereby amended to add the following: 20-63-3A USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of this Section, performance standards established by this Chapter, and processing requirements of Section 20-9-2, the following are uses allowed in a B- 2 District by administrative permit as may be issued by the Zoning Administrator: A. Open or outdoor sales, rental or display as an accessory use in association with an allowed principal use subject to the same provisions as required in Section 20-62-3A.A of this Chapter. B. Temporary outdoor promotional events and sales subject to the same provisions as required in Section 20-62-3A.B of this Chapter. C. Other uses of the same general character as those listed -as a permitted use in this district. - Section 4. Section 20-64 of the Otsego City Code (B-3 District provisions) is hereby amended to add the following: 20-64-3A USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of this section, performance standards established by this Chapter and processing requirements of Section 20-9-2, the following uses may be allowed in a B-3 district by administrative permit as may be issued by the Zoning Administrator. 7 A. Open or outdoor sales, rental or display as an accessory use in association with an allowed principal use subject to the same provisions as required in Section 20-62-3A.A of this Chapter. B. Temporary outdoor promotional events and sales subject to the same provisions as required in Section 20-62-3A.B of this Chapter. C. Other uses of the same general character as those listed as a permitted use in this district. Section 5. Section 20-65 of the Otsego City Code (B -W District provisions) is hereby amended to add the following: 20-65-3A USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of this section, performance standards established by this chapter and processing requirements of Section 20-9-2, the following uses may be allowed in a B -W District by administrative permit as may be issued by the Zoning Administrator: A. Temporary outdoor promotional events and sales subject to the same provisions as required in Section 20-62-3A.B of this Chapter. B. Other uses of the same general character as those listed as a permitted use in this district. Section 6. Section 20-66 of the Otsego City Code (B -C District provisions) is hereby amended to add the following: 20-66-3A: USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of this Section, performance standards established by this Chapter and processing requirements of Section 20-9-2, the following uses may be allowed in -a B -C District by administrative permit as may be issued by the Zoning Administrator. A. Temporary outdoor promotional events and sales subject to the same provisions as required in Section 20-62-3A.B of this Chapter. B. Other uses of the same general character as those listed as a permitted use in this district. Section 7. Section 20-67 of the Otsego City Code (I-1 District provisions) is hereby amended to add the following: 20-67-3A USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of this Section, performance standards established by this Chapter and processing requirements of Section 20-9-2, the following uses may be allowed in an I-1 District by administrative permit as may be issued by the Zoning Administrator. A. Temporary outdoor promotional events and sales subject to the same provisions as required in Section 20-62-3A.B of this Chapter. B. Other uses of the same general character as those listed as a permitted use in this district. Section 8. Section 20-68 of the Otsego City Code (I-2 District provisions) is hereby amended to add the following: 20-68-3A USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of this Section, performance standards established by this Chapter and processing requirements of Section 20-9-2, the following uses may be allowed in an I-2 District by administrative permit as may be issued by the Zoning Administrator. A. Temporary outdoor promotional events and sales subject to the same provisions as required in Section 20-62-3A.B of this Chapter. B. Other uses of the same general character as those listed as a permitted use in this district. Section 9. Section 20-69 of the Otsego City Code (INS District provisions) is hereby amended to add the following: 20-69-3A USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of this Section, performance standards -established by this Chapter and processing requirements of Section 20-9-2, the following uses may be allowed in an INS District by administrative permit as may be issued by the Zoning Administrator. A. Temporary outdoor promotional events and sales subject to the same provisions as required in Section 20-62-3A.B of this Chapter. B. Other uses of the same general character as those listed as a permitted use in this district. 9 Section 10. This Ordinance shall become effective immediately upon its passage and publication. ADOPTED by the Otsego City Council this day of 1996. CITY OF OTSEGO By: Norman F. Freske, Mayor ATTEST: By: Elaine Beatty, City Clerk/Zoning Administrator 10