06-19-96 PCNorthwest Associated Consultants, Inc.
C O M M U N I T Y PLANNING e DESIGN e MARKET R E S E A R C H
MEMORANDUM
TO:
FROM:
DATE:
RE.-
FILE
E:
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
REGULATIONS 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
hiereby 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.
K
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
allowed by administrative permit
applicable standards outlined in
which such use, event or activity
20-9-5: ADMINISTRATION AND ENFORCEMENT:
events or activities
shall conform to the
the zoning district in
is proposed.
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.
0
B.
k
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.
1.1
(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 S. 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:
ATTEST:
Norman F. Freske, Mayor
By:
Elaine Beatty, City Clerk/Zoning Administrator
10
f
Hakanson
Anderson
Assoc., Inc.
June 13, 1996
Ms. Elaine Beatty, Clerk
City of Otsego
8899 Nashua Avenue
Otsego, MN 55330
RE: Levenson -Grote Proposed Split
Dear Elaine:
3601 Thurston Avenue
Anoka, Minnesota 55303
612/427-5860
Fax 612/427-3401
We reviewed the proposed lot splits by the applicants and have the following comments and
concerns:
• With the construction of the expressway upgrade for TH 101, the two properties
will have direct access to a newly constructed Quam Avenue (City limit north to
62nd Street).
This street will be designated a minor collector and a trunk highway access road.
The street is projected to be extended in the future north to CSAH37.
Sanitary Sewer is projected for the TH 101 corridor. It would be available to this
area when installed along Quam Avenue.
The length of time between now and the sewer availability is perhaps anywhere
from five years and beyond.
• There is no Storm Water Drainage plan for this area. Each application for split or
development would need review on an individual basis.
It would be our opinion that without a schedule for Sanitary Sewer service and/or commitment
by the City for that service, this application must be tabled for the appropriate decision by the
City on development in this area.
If you have any questions, please contact me.
Sincerely,
HAKANSON ANDERSON ASSOCIATES, INC.
G/KoAak, PE
jlg
cc: Bob Kirmis, NAC
Andy MacArthur, Attorney
Engineut's
Landscape Architects
OT21 57.eb
Surveyors
Northwest Associated Consultants, Inc.
C O M M U N I T Y PLANNING a DESIGN • MARKET R E S E A R C H
PLANNING REPORT
TO:
FROM:
DATE:
RE:
FILE NO:
EXECUTIVE SUMMARY
Background
Otsego Mayor and City Council
Otsego Planning Commission
Bob Kirmis
11 June 1996
Otsego - Levenson/Grote Comprehensive Plan Amendment/
Rezoning
176.02 - 96.10
Mr. Paul Levenson and Mr. and Mrs. Jerome Grote have expressed a desire to subdivide
(split) their 5.2 and 5.5 acre properties located south of 62nd Street and west of Highway
101. As part of the Highway 101 improvement plan, a new segment of Quam Avenue is
to be constructed which will lie between the two properties in question. If allowed, the
newly created lots would be provided access via new Quam Avenue.
To accommodate the proposed future land division (splitting) of the parcels, the following
approvals are necessary:
1. A Comprehensive Plan Amendment to:
a. Include the subject property in the Immediate Urban Service Area.
b. Change the suggested use of the subject properties from agricultural to low
density residential (Land Use Plan amendment).
2. A rezoning of subject properties from A-1, Agricultural Rural Service to R-3,
Residential Immediate Urban Service.
5775 Wayzata Blvd. • Suite 555 • St. Louis Park, MN 55416 • (612) 595-9636•Fax. 595-9837
Should the City approve the necessary Comprehensive Plan amendment and rezoning
requests, the applicants would then pursue subdivision of their properties.
Attached for reference:
Exhibit A - Site Location
Exhibit B - Detailed Site Location
Exhibit C - Urban Service Districts
Exhibit D - Land Use Plan
Exhibit E - Conceptual Subdivision Plan
Recommendation
It is the opinion of our office that a decision regarding the requested Comprehensive Plan
amendment (and rezoning) relates directly to the City's pending sewer study and the
subject properties possible inclusion within a sanitary sewer service district. While
inclusion of the properties within such district may occur at some future point, their current
exclusion may constitute the applicants' request as "premature". Decisions regarding land
use appropriateness are, however, considered policy matters to be determined by City
officials.
Acknowledging that the Comprehensive Plan provides justification for rezoning actions,
our office would recommend approval of the requested rezoning only upon condition that
the City approve the requested Comprehensive Plan amendments.
ISSUES ANALYSIS
Comprehensive Plan Amendment:
As shown on Exhibit C, the subject property currently lies within the City's Rural Service
Area. The intent of the rural service designation is to identify areas where a continuation
of rural use is proposed and where urban development and associated services is not
desired. Reflective of the subject properties inclusion within the Rural Service District, the
City's Land Use Plan suggests agricultural use of the subject property.
While the subject property may (or may not) be included within a newly designated
sanitary sewer service district (as part of the pending sewer study), such revised district
boundary has not, to date, been established. The sewer service designation establishes
a basis for the City's Urban Service Area boundaries and resulting decisions regarding
land use appropriateness (i.e., rezoning requests).
05
The fact that the subject properties are not at this time, included within a sanitary sewer
service district may establish the requested amendment (service district boundary and
Land Use Plan) to be premature.
If, however, the City chooses to approve the necessary Comprehensive Plan amendment,
the following findings should be made:
The area is planned to be and may be adequately served by future sanitary sewer.
2. The land does not qualify as premature development in that:
a. The land holds adequate storm water drainage capacity.
b. The land has a safe water supply.
C. Adequate roads serve the subject property.
d. The sites in question hold the ability to accommodate a safe sewage
disposal system.
Rezoning:
R-3 District. As noted previously, the applicants have requested a rezoning of the
subject properties from A-1, Agricultural Rural Service to R-3, Residential Immediate
Urban Service. The properties existing A-1 zoning designation allows a maximum density
of one dwelling per 40 acres of land. Thus, the proposed lot subdivisions (splits) cannot
be accommodated under the properties' existing zoning designation. The requested R-3
designation would provide a mechanism for the applicants to subdivide their property.
Judgement Criteria. Section 20-3-2.F of the Zoning Ordinance states that the City
Council and Planning Commission shall consider possible adverse effects of the rezoning.
Their judgement shall be based upon, but not limited to, the following criteria:
The proposed action's consistency with the specific policies and provisions of the
City Comprehensive Plan.
2. The proposed use's compatibility with present and future land uses of the area.
3. The proposed use's conformity with all performance standards contained herein
(i.e., parking, loading, noise, etc.).
4. The proposed use's effect upon the area in which it is proposed.
3
5. The proposed use's impact upon property values of the area in which it is proposed.
6. Traffic generation by the proposed use in relation to capabilities of streets serving
the property.
7. The proposed use's impact upon existing public services and facilities including
parks, schools, streets, and utilities, and its potential to overburden the Cit's service
capacity.
Comprehensive Plan. The City's Land Use Plan, as shown on Exhibit D, proposes
agricultural use of the subject property. While the subject properties are acknowledged
not to be "agricultural" in use under the common definition of the term, an intent of the
suggested agricultural designation is to discourage further "urban" development in the
area.
While the Land Use Plan does not specifically support the proposed low density residential
use, the Comprehensive Plan's policies provide justification both for a change in land
designation and denial of the rezoning request. From these guidelines, City officials must
determine which are the most important considerations and weigh most heavily on the
request at hand.
Policies encouraging the proposed use include.-
All
nclude:
All development proposals shall be analyzed on an individual basis from a physical,
economic and social standpoint to determine the most appropriate use within the
community as a whole.
Once established, geographic land use designations and related zoning
classifications shall be changed only when it can be demonstrated that such
modifications are in the best interest of the community on a long range perspective
and such changes will promote land use compatibility and pre -determined goals
and policies and the Comprehensive Plan.
Policies discouraging the proposed use include.-
Permit
nclude:
Permit growth on a phased basis providing for a logical extension of urban growth
and community services.
All development proposals shall be analyzed on an individual basis from a physical,
economic and social standpoint to determine the most appropriate use within the
community as a whole.
10
• Immediate, short range market potential and demands for activities which are not
suggested for a site or area by the Comprehensive Plan or allowed by the Zoning
Ordinance shall not be the sole justification for a change in activity.
• Urban and rural service areas shall be clearly designated with appropriate density
and use controls to facilitate staged and substantially utilized service systems.
Land Use Compatibility. The subject properties are bounded on the north, south and
west by large lot single family development (i.e., three to five acres). Such properties are
zoned A-1, Agricultural Rural Service. Approximately 400 feet to the northwest of the
subject properties lie the Christian Acres single family subdivision which holds an R-3
zoning designation (approved under Wright County). The subject properties are bounded
on the east by the Highway 101 corridor. While the proposed use (i.e., 2.5 acre lots) may
be compatible with surrounding uses, question exists in regard to the promotion of urban
development in this area of the City (prior to adoption of a sanitary sewer plan) and the
precedent related to such decision.
Performance Standards. As part of any future subdivision of the properties, all
applicable R-3 District standards must be satisfactorily met.
Property Values. Although no detailed study has been conducted, the proposed creation
of two additional single family residential lots would not be expected to lower area property
values.
Traffic Generation. The ultimate creation of two additional single family residential lots
would result in a slight increase in area traffic. Such dwellings likely would be provided
access via a newly created segment of Quam Avenue. While anticipated traffic could
likely be accommodated by area streets, question exists as to whether the introduction of
additional traffic in this area of the City will economize service delivery.
Public Services. If the requested R-3 zoning designation is approved, findings should be
made that the resulting use will not overburden the City's service capacity. Although the
introduction of two additional dwelling units will likely not overburden the City's service
capacity. The allowance of "urban" development in this area of the community and the
resulting precedent is of some concern, unless determined to be consistent with the land
use planning objectives.
5
CONCLUSION
While justification exists for both approval and denial of the requested Comprehensive
Plan amendment and rezoning, the expansion of the Immediate Service Area at this time
(prior to establishment of a new sanitary sewer service district) may suggest that the
proposed development is premature. Decisions regarding land use appropriateness are,
however, considered matters of City policy to be determined by City officials.
PC: Elaine Beatty
Larry Koshak
Andy MacArthur
Paul Levenson
Jerome and Lynn Grote
0
EXHIBIT A - SITE LOCATION
th
I/353209
0 I
o
n
^ /353301
„
n
34135
1
I
1
t ----------------------------------------
I
I
I
I
I
I
I
I
I
I
I
I
I
I
/353zos �
1
1
I
1
/353200 1 /353204
-------- --------- -j
I
I
o n I
n i
v g 1
o � I
E. 62nd STREET
/353307
n
410:•}i:?4:•i}ii :•{:+r;{�: � I
/353300 1
/SSJ303 I
6015-30 j
EXHIBIT B - DETAILED SITE LOCATION•
1/353306
6475-30 „ /353207
0
n
n
^ 6434 -JO
/353306
5429-30
5 W '
jIPW
4
A
3 O /353205
N /206-.30 G
Z 2 r
„.01
CM3 --W �L
o als-x
344403
o
n
V 1
~
1 i
-2
�I �
'� 014
402
0
1
n p
10,n
oI
�
a
I c
I/353209
0 I
o
n
^ /353301
„
n
34135
1
I
1
t ----------------------------------------
I
I
I
I
I
I
I
I
I
I
I
I
I
I
/353zos �
1
1
I
1
/353200 1 /353204
-------- --------- -j
I
I
o n I
n i
v g 1
o � I
E. 62nd STREET
/353307
n
410:•}i:?4:•i}ii :•{:+r;{�: � I
/353300 1
/SSJ303 I
6015-30 j
EXHIBIT B - DETAILED SITE LOCATION•
T
I
_�
2 'N_ r
SI 601P Si
n
C
Otsego,
Minnesota
1 .5 0 1
L I
SCALE IN MILES
YA/ Ow1[:
SEPTEMBER 1989
MOR: TNS Yw► 1011 0 w
. L10ULO 0
ItNOflf Orli 10
"of R VYO M K /RCN!
KAMDIyLMIf Alf M[OUwIL.
BASE MAP SOLACE
YAVWT COUNTY
-. — SURVEYORS OFFICE 7.25-89
—62nJ ST C1 If ,F
\.". __— UA /TC'ri
W
1
D
Z
Immediate Urban Service Area
N
M
`
Urban/Rural
Long Range Urban Service Area
PREPARED BY:
M
Rural Service Area
Service Concept
m
Specific Immediate Urban Service Area Boundary
Orthwest
Associated
to be determined by Engineering Study
Consultants, Inc.
4
ended by Resolution No. 94-70,
10 January 1994
...,11'[J
W
INN
M
x
--
CD
Agricultural
®- Highway Commercial (134 ac.)
o
- Low Density Residential
Land Use
Otsego,
.
.........
...
ac.)'El Park/Public Facility
PREPARED BY:
c
®- Neighborhood Commercial
Land uses dependent upon Hwy.
101
orthwest
FN
LO
upgrade and sewer availibility
p9
•.y••
M
Consultants, Inc.
r
D
ra -.;
.:
Minnesota....`
[::::::
::::9�f6:sT::::
:.:.:.:.:.:.:.
•�:�a )�!� 'ahi i��F::K iii,
:.
.............::..........::
.
. -97!6:57
q
9.......
y s..•}
97^° SI
=
14
18
<
1
_
WiE and
cenic District
Boun
Jary
�;:;::
x.
1 0 1
871h ST
.5
22
23
24
,�19
;:::esm;:Fi;:
; :;:::•:•:..' .:
:•.'''.
SCALE IN MILES
.:
65th ST
z
:•:
;?::: .':1
: ...........
11
YAP txn:
<
`t '�
: % ':
SEPTEMBER 1989
e> a sr.
.:z :
Both ST
BOIn ST
1
{�
77tH $T
77th ST
:.' :N'Y.'
•�-
• •.
.�;'�{;
'.
MOT' TM YAP 6 FOR PtANiP
-.
sT
<
u
27
1J
>
u
W
>
%
75th ST 25
<
30
. ....... .•........ ';. .�;:;:;::::•:
29 :•::-::
••
:•: :•: :: ::::::::: :::::•:;• ':�':
• • • :•: :::•
Z;:::
PLWOUS OP V AM0 VIOL"
MOT K W-0 wwt PRM C1St
KASUKJAILAITS AK IItOWEO.
i
o
c
t2
:::: }:
y � $�.
BASE MAP SOURCE
z
_
•.c:.•::.•::
WPoGHT 00t -WY
<
_
<
u::::
SlF?VEYORS OFFICE 7.2589
1\
70th ST
70th ST
3
70th ST
'•':'700::$7;:• �:•:•).
.-
-
_
67th ST
r
P.
67th ; .7 •' .'•:'.
•.::
,.1 •• •'.
.36
31
?rOt
32
•3�
34
I �.;:.
35 65th ST
._
35r
651n ST
c '
a
- -
62nd ST
< RiCE
Z
-
�•• x
?
60th ST
c
G?:�
_.
Wit:
far
Si
c0;n ii
o
n
M
x
--
CD
Agricultural
®- Highway Commercial (134 ac.)
o
- Low Density Residential
Land Use
®- Industrial (536. ac.) -
r
D
Z
_
• .-
Plan - Medium/High Density Residential (229
r" ---
ac.)'El Park/Public Facility
PREPARED BY:
c
®- Neighborhood Commercial
Land uses dependent upon Hwy.
101
orthwest
FN
LO
upgrade and sewer availibility
p9
Associated
M
Consultants, Inc.
r
D
i �i
1
I
I
----------- N.E. 65th STREET --------------t---
n j
w I
X333306 o I
333207 '
6173-30 >f - I
^ 1
n )333203_ ,
„ I
/353306 6434-30
1
6429-30 1
I
1
5 N 1
/l KA Inn
EXHIBIT E - CONCEPTUAL SUBDIVISION PLAN
/1w
,
4
'
1
I
04&-30
1
A
co 3 Q 1353205
4Q'6-°0 G
J353200
/35.3204
'
1
= 2 9
.uz`w yL
1
----
---- ------
---------
---------
-------
--+-----
344403
o
^
au-ao
1
I
,
ro a
o
'
c
I
�;
-
014
N
1
"V02
o
'
N.E. 62nd STREET
n o
0353307
I
I
I
n l
I n ^
�
:• "1
t
�
I
1
a a
.•
,
I
MNDOT ACQUIRED LAND
/Js3209
� � illi•
; �
:�
0
f� fill♦
�
i f
^ j35J301
-
� I
I ,
1; 00
I , .
1
'
/35JSOJ
6013 -SO
'
, I
13413
I
1 N'E. 60tl
/l KA Inn
EXHIBIT E - CONCEPTUAL SUBDIVISION PLAN
Northwest Associated Consultants, Inc.
C O M M U N I T Y PLANNING DESIGN MARKET R E S E A R C H
MEMORANDUM
TO:
FROM:
DATE:
RE:
FILE NO:
Otsego Planning Commission
Bob Kirmis
12 June 1996
Otsego - Zoning Ordinance: Home Occupations
176.08 - 94.25
Attached please find a draft amendment to Section 20-28 of the Zoning Ordinance relating
to home occupations. The amendment has been prepared at the direction of the City
Council and would result in the following changes to the existing home occupation
requirements:
1. Prohibited home occupation activities have been specifically listed (Section 20-28-
4.A.11).
2. Both permitted and special home occupations shall be allowed to employ one full
time person other than those persons who reside on the premises.
3. Home occupation activities (both permitted and special) may be conducted in an
attached garage provided not less than 200 square feet of floor area of such garage
is reserved for the storage of vehicles.
4. A revocation section (Section 20-28-7) has been added.
The draft amendment is scheduled for Planning Commission discussion on 19 June.
PC.. Elaine Beatty
Andy MacArthur
5775 Wayzata Blvd. • Suite 555 • St. Louis Park, MN 55416 • (612) 595-9636•Fax. 595-9837
IVE
Northwest Associated Consultiols
COMMUNITY PLANNING • DESIGN MARKEJ�URESEARCH
MEMORANDUM
TO:
FROM:
DATE:
R. E:
FILE NO:
Otsego Mayor and City Council
Bob Kirmis
-29 May 1996
Otsego - Zoning Ordinance: Home Occupations
176.08 - 94.25
Attached please find a revised draft amendment to Section 20-28 of the Zoning Ordinance
relating to home occupations. The amendment has been revised per comments received
at the 28 May 1996 meeting of the City Council. Specifically, the revised amendment
would allow:
1. Both permitted and special home occupations to employ one full time person other
than those persons who reside on the premises.
2. Home occupation activities (both permitted and special) to be conducted in an
attached garage provided not less than 200 square feet of floor area of such garage
is reserved for the storage of vehicles.
At the 28 May meeting, the Council indicated that a public hearing for permitted home
occupations should be required if compatibility concerns or complaints are received
regarding the appropriateness of such activity. Section 20-28-3.A (permitted home
occupation procedure) of the Ordinance as currently written appears to already address
this concern and reads as follows-
"... At such time as the Zoning Administrator has reason to believe that an
event has taken place which violates the intent of this Chapter, a public
hearing shall be held before the Planning Commission. The City Council
shall make a final decision on whether or not the permit holder is entitled to
the license."
5775 Wayzata Blvd. • Suite 555 - St. Louis Park, MN 55416 • (612) 595-9636•Fax. 595-9837
It is anticipated that this item will be discussed at the forthcoming 10 June City Council
meeting.
pc: Elaine Beatty
Andy MacArthur
Liz Wilder
DRAFT - DRAFT - DRAFT
ORDINANCE NO. 96
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING SECTION 28 OF THE OTSEGO ZONING ORDINANCE
RELATING TO HOME OCCUPATION REQUIREMENTS.
THE CITY COUNCIL OF THE CITY OF OTSEGO HEREBY ORDAINS:
Section 1. Section 20-28-4.A of the Otsego City Code (Home Occupation - General
Provisions) is hereby amended to add the following:
11. No home occupation (permitted or special) shall involve any of the
following: body shops, welding, ammunition manufacturing, flea
markets, motor vehicle sales or repairs, massage or escort business
or other adult oriented businesses as defined by this ordinance, or
other objectionable uses as determined by the City Council.
12. A maximum of one (1) full-time employee, or equivalent, other than
those persons who customarily reside on the premises shall be
employed. This provision shall not apply where the home occupation
is a meeting place for employees and the work is done off -premise.
13. All home occupations shall be conducted entirely within the principal
building, including attached garage, except that not less than two
hundred (200) square feet of floor area in such garage shall be
reserved for the parking of vehicles. In no case shall home
occupations be conducted in a detached accessory building.
Section 2. Section 20-28-4.6 of the Otsego City Code (Permitted Home
Occupation Requirements) is hereby amended to read as follows:
B. Requirements, Permitted Home Occupation:
1. Permitted home occupations include and are limited to. art studio,
dressmaking, secretarial services, family day care, foster care,
offices, teaching with musical, dancing and other instructions which
consist of no more than one (1) pupil at a time, and similar uses.
2. The permitted home occupation shall not involve any of the following:
repair service or manufacturing which requires equipment other than
found in a home; teaching which customarily consists of more than
one (1) pupil at a time; over the counter sale of merchandise
produced off the premises.
Section 3. Section 20-28-4.0 of the Otsego City Code (Special Home Occupation
Requirements) is hereby amended to read as follows;
C. Requirements, Special Home Occupation:
1. Examples of special home occupations include: barber and beauty
services, day care -group nursery, photography studio, group lessons,
saw sharpening, small appliances and small engine repair, and the
like.
2. The special home occupation may involve any of the following: stock -
in trade incidental to the performance of the service, repair service or
manufacturing which requires equipment other than customarily found
in a home, the teaching with musical, dancing and other instruction
of more than one (1) pupil at a time.
Section 4. Section 20-28-7 of the Otsego City Code (Home Occupation
Revocations) is hereby added to read as follows:
20-28-7 Revocations
A. Permitted and special home occupation business licenses shall remain in
effect until:
1. Such time as the business is not in compliance with any portion of
this ordinance, any other applicable city ordinance, or any applicable
state or federal statute, rule or regulation.
2. Such time as there is any violation of the terms and conditions of
license approval.
3. Such time as there is any change in the conditions of operation of the
business as it was originally approved; including any change in the
nature of the business, any substantial change in the extent of
K
business, any substantial change in the extent of business
operations, any significant expansion of business facilities, or any
other circumstances related to the business which have the potential
to significantly effect surrounding properties, or which may pose a
threat to the health, welfare or safety of the general public.
4. Such time as the license expires. At such time that the City has
cause to believe that any of the events listed in 1, 2 or 3 above have
taken place, the City shall immediately notify the license holder of the
allegations of violation and the necessary corrections required to
bring the license into compliance.
Section 5. This Ordinance shall become effective immediately upon its passage
@nd publication.
ADOPTED by the Otsego City Council this day of
ATTEST:
MN
CITY OF OTSEGO
Norman F. Freske, Mayor
Elaine Beatty, City Clerk/Zoning Administrator
3
1996.
rN
Northwest Associated Consultants, Inc.
C
COMMUNITY PLANNING DESIGN - MARKET RESEARCH
MEMORANDUM
TO: Otsego Planning Commission
FROM: Bob Kirmis
DATE: 12 June 1996
RE: Otsego - Zoning Ordinance: Side Yard Setbacks
FILE NO: 176.08 - 96.06
Attached please find a draft amendment to the R-3 District provisions of the Zoning
Ordinance which would reduce the required side yard setback from 15 to 10 feet.
As you are aware, single family homes within new R-3 developments are required to be
placed so as to allow for future resubdivision. Such placement typically provides a 45 foot
wide building pad (75 foot lot with 15 foot side yard setbacks). While such home location
requirements have been successfully applied in the past, the provided building pad width
is not particularly conducive to homes with three car garages. Additionally, the 15 foot
side yard setback is not consistent with that applied to 75 foot wide sewered lots (10 foot
side yard setback imposed).
To more readily accommodate homes with three car garages, the City Council has directed
the preparation of an ordinance amendment which would reduce the current 15 foot side
yard setback imposed in R-3 Districts to 10 feet.
The draft amendment is scheduled for discussion at the forthcoming 19 June Planning
Commission meeting.
PC: Elaine Beatty
Andy MacArthur
Larry Koshak
5775 Wayzata Blvd. • Suite 555 - St. Louis Park, MN 55416 • (612) 595-9636•Fax. 595-9837
DRAFT - DRAFT - DRAFT
ORDINANCE NO. 96 -
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING SECTION 55 OF THE OTSEGO ZONING ORDINANCE
RELATING TO R-3 DISTRICT SIDE YARD SETBACKS.
THE CITY COUNCIL OF THE CITY OF OTSEGO HEREBY ORDAINS:
Section 1. Section 20-55-6.B.2 of the Otsego City Code (R-3 District side yard
setback requirements) is hereby amended to read as follows:
2. Side Yard: Ten(IO)feet.
Section 2. This Ordinance shall become effective immediately upon its passage
and publication.
ADOPTED by the Otsego City Council this day of
CITY OF OTSEGO
IA
ATTEST:
Norman F. Freske, Mayor
Elaine Beatty, City Clerk/Zoning Administrator
1996.
MEMORANDUM
TO: File
FROM: Bob Kirmis
DATE: June 11, 1996
RE: Otsego - Zoning Ordinance - Side Yard Setbacks
FILE NO: 176.08
This memorandum is intended to document an 11 June telephone conversation I had with
Mr. Bruce West, the Elk River Fire Chief. I had contacted Mr. West to ascertain whether
any fire related requirements would prohibit the possible reduction of side yard setbacks
(in R-3 zoning districts) from 15 to 10 feet.
This question was posed by the City Council in general discussion of the setback issue on
10 June.
According to Mr. West, there are no fire code related requirements which would prohibit
the City from reducing side yard setbacks from 15 to 10 feet. Mr. West also indicated that
regardless of the side yard setback, actual fire truck access to rear yard would not occur.
PC: Elaine Beatty
William S. Radzwill
Andrew J. MaeAtthur
Michael C. Court
April 29, 1996
RADMILL & COURI
Attorneys at Law
705 Central Avenue East
PO Bos 369
St. Michael, MN 55376
(612) 497-1930
(612) 497-2599 (FAX)
Bob Kirmis
Senior Planner
Northwest Associated Consultants, Inc.
5775 Wayzata Boulevard
Suite 555
St. Louis Park, MN 55416
RE: Accessory and Temporary outdoor Sales and Events
Dear Bob:
At your request, I have reviewed the proposed amendments to the
Otsego zoning ordinance relative to Administrative approval of
permits for accessory and temporary outdoor sales and events.
Regarding the same, I have the following comments:
1. Section 20-9-2, B, I am not sure what is meant by the sentence
beginning on that line, this should be clarified.
2. Section 20-9-2, C, I believe it should read "standards" after
"performance".
3. Section 20-9-2, E, bottom of page 2, the following sentence
should be added; "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."
4. Section 20-9-3, E, after "E" the following "F" should be added;
"Proof that applicant has insurance, in an amount acceptable to the
City, to protect from risks inherent in the proposed activity."
5. Section 20-62-3A, C,1, the last sentence which limits
merchandise to only that normally handled by the premises may be
problematic for businesses which want to have outdoor Christmas
tree sales or other items that they may not normally handle.
Letter to Bob Kirmis
April 29, 1996
Page 2
6. Section 20-69-3A allows certain uses by administrative permit
within the INS District. I think it would be advisable to check
with staff at City Hall and check what types of events are allowed
on the city property zoned INS in order to see if this amendment
would have any effect on the facility.
Otherwise, the proposed amendment appears to be in good shape.
Very truly yours,
le"
An ew J. acArt
RADZWILL is COURI
cc: City of Otsego
FA
F� Northwest Associated Consultants, Inc.
AC COMMUNITY PLANNING • DESIGN • MARKET RESEARCH
MEMORANDUM
TO: Otsego Planning Commission
FROM: Bob Kirmis/David Licht
DATE: 2 May 1996
RE: Otsego - Zoning Ordinance - Accessory and Temporary
Outdoor Sales and Events
FILE NO: 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
REGULATIONS 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
hiereby 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 REQUIRIIMENT: 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.
K,
20-9-4; PERFORMANCE STANDARDS: All uses
allowed by administrative permit
applicable standards outlined in
which such use, event or activity
20-9-5: ADMINISTRATION AND ENFORCEMENT:
events or activities
shall conform to the
the zoning district in
is proposed.
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.
0
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.3 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:
ATTEST:
Norman F. Freske, Mayor
By:
Elaine Beatty, City Clerk/Zoning Administrator
r
I
10