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