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10-07-02 PC5775 Wayzata Boulevard, Suite 555, St. Telephone: 952.595.9636 Facsimile: 952.595.9837 MEMORANDUM TO: Otsego Planning Commission FROM: Daniel Licht DATE: 30 September 2002 RE: Otsego - Zoning Ordinance Update FILE NO.: 176.20 ITEM 3. Louis Park, MN 55416 planners@nacplanning.com This memorandum forwards the proposed amendments of the Otsego Zoning Ordinance as discussed at previous Planning Commission meetings and most recently summarized in our memorandum dated 29 August 2002. The Ordinance amendment attached as Exhibit A, puts these proposed changes in final form suitable for incorporation as part of the Zoning Ordinance. The proposed Ordinance amendment includes new language regarding accesso buildings for single and two-family units See ry raised memorandums, changes to the Comprehensive Plan ipact ds acc sson previous building allowances , especially in the area generally west of Nashua Avenue and east of CSAH 19. The draft amendment would provide for rural scale accessory buildings, including pole buildings in the A-1 and A-2 Districts within the Urban Service Area Reserve and Rural Service Area. The maximum area, maximum building size, number of buildings, and allowance of pole buildings is again based upon lot size. This information summarized in the table that follows as Exhibit B. The Planning Commission also has discussed the issue of temporary structures used typically constructed with an aluminum frame and covered in canvas or vinyl. The brief synopsis of these structures in our previous memorandum concluded that such structures are not allowed. The City Council has asked that more detailed information be provided and that the Planning Commission provide direction as to whether such structures are to be allowed. The following considerations apply: Structure. Section 20-2-2.S of the Zoning Ordinance defines a structure as follows: Structure: Anything which is built, constructed, or erected; and edifice or building of any kind; or any piece of work artificially built up and/or composed of parts joined together in some definite manner whether temporary or permanent in character. Among other things, structures include buildings, manufactured homes, walls, fences, swimming pools, billboards, and poster panels. Under this definition, the aluminum framed enclosures are considered to be structures and are therefore subject to general building and accessory building regulations within the Zoning Ordinance. • Accessory Buildings. Buildings accessory to single and two-family uses are regulated for size, location, height, and building type by Section 20-16-4.B of the Zoning Ordinance. Relative to building type, Section 20-16-4.G.1 states that: 1. Except as may be expressly allowed by this Chapter, the same or suitable quality exterior finish building materials as determined by the Building Inspector shall be used in all accessory buildings over one hundred fifty (150) square feet, as in the principal building. The design of all accessory buildings shall also be compatible with the principal building on the lot. "Compatible" means that the exterior appearance of the accessory building is similar to the principal building from an aesthetic, building material and architectural standpoint so as not to cause: a. A difference to a degree to cause incongruity as determined by the City Council; or, b. A depreciation of neighborhood or adjacent property values. The major concern with this type of structure is their immediate aesthetic compatibility and long-term durability. These structures are not constructed of a sturdy or durable building materials able to withstand the elements over time. It is for these same reasons that the City has limited the location of pole buildings to rural areas. • Outdoor Storage. One of the main positives of these structures is that they can be used to hide outdoor storage on residential lots. However, this may be more of a code enforcement issue under the present regulations within Section 20-16-16, which states that except as specifically allowed "all outdoor storage of materials and E equipment for residential uses (excluding farms) shall be stored within a building or fully screened from so as not to be visible from adjoining properties...". Exceptions to this provision include clothes lines, two recreational vehicles, construction materials currently being used, allowed off-street parking, lawn furniture, or firewood in a rear or side yard. • Recreational use. Questions were raised during the initial Planning Commission discussion on this issue about allowance of tents for backyard camp outs. Section 20-16-2.0 of the Zoning Ordinance allows for tents, play houses and the like only for recreational purposes and not as a permanent structure. At issue here is the intent of the aluminum framed shelter as a permanent shelter, opposed to one used overnight or for short periods. Our previous recommendation to the Planning Commission is that such structures are not allowed. We would offer that this may be interpreted to apply only to structures over 150 square feet depending on interpretation of Section 20-16-4. G.1 of the Zoning Ordinance. The issue of these structures however, is that they are not compatible with the intent of the Zoning Ordinance for stable, durable structures that are compatible within residential areas. Overtime, such structures are likely to deteriorate and could become a blight if not maintained or repaired. Their construction and materials makes them more susceptible to damage and that damage will likely occur more rapidly than a traditional accessory building. Should the Planning Commission wish to accommodate these structures, two options are recommended for consideration. One is to allow these structures as an interim use. This permit would include performance standards for maintenance of the structure, as well as a termination provision for expiration of the permit. The primary drawback of this approach is that a public hearing is required, adding time and expense. The other option is an administrative permit, processed by City Staff, which may include performance conditions. The Planning Commission must provide direction as to whether any accommodation of these structures is to be made. The Ordinance amendment as drafted is recommended for approval. If the Planning Commission wishes to consider the issue of temporary accessory buildings further, it is recommended that the balance of the Ordinance be forwarded to the City Council with the Planning Commission's recommendation. This should be done in the interest of making the changes directed by the Comprehensive Plan effective. PC. Mike Robertson Judy Hudson Jerry Olson Andy MacArthur Ron Wagner 3 ORDINANCE NO.: 2002 - CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING THE OTSEGO ZONING ORDINANCE AS DIRECTED BY THE COMPREHENSIVE PLAN AND RELATED UPDATES. The City Council of the City of Otsego hereby ordains: Section 1. Section 20-2-21 (Definitions - Flood Related) of the Zoning Ordinance is hereby amended to read as follows: Flood Insurance Rate Map: The Flood Insurance Rate Map prepared by the Federal Emergency Management Agency for the City and as applicable and allowed by law, the Flood Insurance Rate Map prepared by the Federal Emergency Management Agency for Wright County. Flood Insurance Study: The Flood Insurance Study prepared for the City by the Federal Emergency Management Agency and, as applicable and allowed by law, the Flood Insurance Study prepared by the Federal Emergency Management Agency for Wright County. Section 2. Section 20-3-2.N (Amendments - Administration) of the Zoning Ordinance is hereby amended to read as follows: N. Approval of a proposed amendment shall require a majority vote of the City Council. Approval of a proposed Zoning Map amendment which changes all or part of the existing classification of a zoning district from agriculture or residential to business, industrial, or planned unit development that allows for commercial or industrial uses shall require a four -fifth's (4/5's) vote of the City Council. Section 3. Section 20-4-2.N (Conditional Use Permits - Administration) of the Zoning Ordinance is hereby amended to read as follows: EXHIBIT A N. Approval of a request shall require passage by a majority vote of the City Council. Section 4. Section 20-16-4.13 of the Zoning Ordinance (Accessory Buildings - Single and Two -Family Uses) of the Zoning Ordinance is hereby amended to read as follows: B. Detached Single Family and Two Family Uses: 1. No accessory use, building, structure or equipment shall be allowed within a required front yard. With the exception of a garage, no accessory building, structure, use or equipment may be placed within a front yard. 2. No accessory building, structure, and/or detached garage for a single family dwelling shall occupy more than ten (10) percent of the area of the required rear yard in the A-1, A-2, R- C, R-1, R-2 and R-3 Zoning Districts or not more than twenty- five (25) percent of the area of the required rear yard in the R- 4, R-5, R-6, and R-7 Zoning Districts. 3. Accessory buildings with an area of one thousand (1,000) square feet or less may encroach into the principal building required side and rear yard setbacks within the rear yard of a lot, except, however, that no such encroachment may occur on required easement, or in a required side yard setback abutting a street in the case of a corner lot and that no such encroachment shall be closer than ten (10) feet to any lot line, occur upon a required easement, or in a required side yard. 4. The total floor area of an attached accessory garage shall not be less than four hundred eighty (480) square feet and shall not be greater than the gross floor area of the principal structure or one thousand (1,000) square feet, whichever is least. 5. Detached accessory buildings and structures within the A-1 and A-2 Zoning Districts: a. The total floor area allowed for all detached accessofy structures shall be as follows: 2 Lot Area Maximum Total Floor Area of All Detached Accessory Structures 1.00 ac. or smaller 1,000 square feet 1.01 ac. to 2.00 ac. 1,500 square feet 2.01 ac. to 3.00 ac. 2,000 square feet 3.01 ac. to 4.00 ac. 2,500 square feet 4.01 ac. to 5.00 ac. 3,000 square feet 5.01 ac. to 6.00 ac. 3,500 square feet 6.01 ac. to 7.00 ac. 4,000 square feet 7.01 ac. to 8.00 ac. 4,500 square feet 8.01 ac. to 9.00 ac. 5,000 square feet 9.01 ac. to 10.00 ac. 5,500 square feet 10.01 ac. and larger 6,000 square feet b. For parcels located within the long range urban service area or those parcels with an area of five (5) acres or less: (1) In no case shall the floor area of an individual detached accessory building exceed one thousand five hundred (1,500) square feet for parcels with an area of five acres or less. (2) The total floor area of all accessory structures shall not exceed two hundred (200) percent of the gross floor area of the principal structure, or shall not exceed the maximum combined accessory area allowed based upon lot size, as outlined in this section, whichever is least. C. No building permit shall be issued for more than two (2) detached private garages or accessory structures for each single family dwelling. 6. Detached accessory buildings and structures within the R -C, R-1, R-2, and R-3 Zoning Districts: a. The total floor area allowed for all detached accessory buildings shall be as follows: 3 Lot Area I Maximum Total Floor Area of All Detached Accessory Structures 0.00 to 1.00 ac. 1,000 square feet 1.01 to 2.00 ac. 1,500 square feet 2.01 ac. or larger 2,000 square feet b. In no case shall the floor area of an individual detached accessory building exceed one thousand five hundred (1,500) square feet. C. The total floor area of all accessory structures shall not exceed two hundred (200) percent of the gross floor area of the principal structure, or shall not exceed the maximum combined accessory area allowed based upon lot size as outlined in this section, whichever is least. d. No building permit shall be issued for more than two (2) detached private garages or accessory structures for each detached single or two-family dwelling. 7. Within the R-4, R-5, R-6, and R-7 Zoning Districts: a. No accessory detached building shall occupy more than one hundred fifty (150) square feet when accompanied by an attached garage on the same lot nor shall the combined total floor area of an accessory detached building and/or attached garage exceed one thousand one hundred fifty (1,150) square feet. b. No building permit shall be issued for more than one (1) detached private garage or accessory structure for each detached single or two-family dwelling. Section 5, Section 20-16-4.G.2.a (Accessory Buildings - Building Type and Standards) of the Zoning Ordinance is hereby amended to read as follows: a. The lot or parcel lies within the Rural Service Area or Urban Service Area Reserve, as defined bythe Comprehensive Plan. El Section 6. Section 20-16-6-J.5 (Fences) of the Zoning Ordinance is hereby amended to read as follows: 5. Required Front Yards and Side Yards of Corner Lots: a. Fences extending across required front yards or a required side yard that abuts a street on a corner lot shall not exceed forty-eight (48) inches in height and shall be at least seventy- five (75) percent open space for the passage of air and light, except as provided for by Section 20-16-6.J.5.b of this Chapter. b. A fence with a height greater than forty-eight (48) inches and/or less than seventy-five (75) percent open space may be constructed within the required rear yards and side yard of a corner lot abutting collector or arterial street by administrative permit, provided that: 1. The fence does not exceed six (6) feet in height. 2. The fence is setback ten (10) feet from the lot line abutting a collector or arterial street right-of-way. 3. For interior lots, a gate or other opening is to be provided in the fence to allow for maintenance of the street side boulevard. 4. The fence along a side lot line abutting a collector or arterial street right-of-way shall not extend closer to the front lot line than a point intersecting the rear line of the principal building. 5. On lots where no bufferyard has been established pursuant to Section 20-16-7.D of this Chapter, the yard on the street side of the fence shall be grass and landscaped with plant materials that will grow to the height of the fence. C. All fences located within any required yard abutting a public right-of-way shall maintain the traffic visibility requirements of Section 20-16-8 of this Chapter. 5 Section 7. Section 20-16-7 (Required Fencing, Screening and Landscaping) is hereby amended to add the following language: D. Residential Bufferyards. 1. Double frontage lots or corner lots abutting a collector or arterial street, as defined by the Comprehensive Plan, preliminary platted after [EFFECTIVE DATE] shall have an additional ten (10) feet of depth or width to be overlaid with a drainage and utility easement in order to allow space for screening along the lot line abutting such street rights-of-way. 2. Plan Required. For all applicable subdivisions, a landscape plan shall be submitted. The plan shall identify all proposed buffer screening including plantings, berms, and fences. The development contract shall include a security for the cost of materials and installation of the approved plan. 3. Design Standards a. Plantings: All designated buffer yards must be seeded or sodded except in areas of steep slopes where natural vegetation is acceptable as approved by the City Engineer. All plantings within designated buffer yards shall adhere to the following: 1. Plant material centers shall not be located closer than three (3) feet from the fence line or property line, and shall not conflict with public plantings, sidewalks, trails, etc. 2. Landscape screen plant material shall be planted in two (2) or more rows. Plantings shall be staggered in rows unless otherwise approved by the Zoning Administrator. 3. Deciduous shrubs shall not be planted more than four (4) feet on center, and/or evergreen shrubs shall not be planted more than three (3) feet on center. 4. Deciduous trees intended for screening shall be planted not more than forty (40) feet apart. Evergreen trees intended for screening shall be planted not more than fifteen (15) feet apart. 0 b. Earth Berms: 1. Except in areas of steep slopes or where other topographic features will not permit, as determined by the City Engineer, an earth berm at least four (4) feet in height shall be installed in all designated buffer yards. 2. Earth berms shall not exceed a three to one (3:1) slope unless approved by the City Engineer. 3. Shall contain no less than four (4) inches of topsoil. d. Landscaping and fences shall maintain the traffic visibility requirements of Section 20-16-8 of this Chapter. 4. Installation. All buffer plantings, berms, and fences shall be installed or planted prior to release of the security required as part of the development contract. 5. Maintenance. a. Maintenance of the buffer strip planting shall be the responsibility of the individual property owners or, if applicable, the homeowners' association. b. Replacement of landscape materials or plantings in a buffer yard area shall be consistent with the original screen design. C. All repair or plant replacement shall be done within forty five (45) days of written notification from the City. Section 8. Section 20-16-9 (Drainage Plans) of the Zoning Ordinance is hereby amended by adding the following language: E. Wetlands: In addition to the requirements of Section 93 of this Chapter, the following shall be the minimum protection for natural wetlands. 7 1. Runoff must not be discharged directly into wetlands without appropriate quality and quantity runoff control, depending on the individual wetland's vegetation sensitivity, subject to approval of the City Engineer. 2. Wetlands must not be drained or filled, wholly or partially, unless replaced by either restoring or creating wetland areas of at least equal public value. Compensating for the impact by replacing or providing substitute wetland resources or environments with those of at least equal public value. Compensation, including the replacement ratio and quality of replacement should be consistent with the requirements outlined in the rules adopted by the Board of Water and Soil Resources to implement the Wetland Conservation Act of 1991, as may be amended. 3. Work in and around wetlands must be guided by the following principles in descending order of priority: a. Avoid both the direct and indirect impact of the activity that may destroy or diminish the wetland. b. Minimize the impact by limiting the degree or magnitude of the wetland related activity and its implementation. C. Rectify the impact by repairing, rehabilitating, or restoring the affected wetland environment with one of at least equal public value. d. Reduce or eliminate the adverse impact over time by preservation and maintenance operations during the life of the activity. e. Compensate for the impact by replacing or providing approved substitute wetland resources or environments. 4. Vegetated Buffer Protection. a. A protective buffer of natural vegetation at least twenty (20) feet wide from the delineated edge at the time of development shall surround all wetlands within parcels preliminary platted, developed, or redeveloped after (EFFECTIVE DATE]. The City Engineer may require a larger buffer than the minimum based upon site specific design issues. The design criteria should follow common principles and the example of nearby natural areas. The site should be examined for existing buffer zones and mimic the slope structure and vegetation as much as possible. b. A principal building setback of forty (40) feet from the delineated edge of all wetlands or twenty (20) feet from the edge of a buffer easement, whichever is greater, shall be provided within parcels preliminary platted, developed, or redeveloped after (EFFECTIVE DATE] C. Grading, construction, or vegetation alteration/disturbance within this buffer is prohibited. Buffer design and protection during construction shall accomplish any or all of the following: 1. Slow water runoff. 2. Enhance water infiltration. 3. Trap sediment, fertilizers, pathogens, heavy metals, blowing snow and soil, and act as corridors for wildlife.. 4. Drain tiles shall be identified and rendered inoperable. d. The buffer shall be overlaid by a perpetual conservation easement and maintained by the property owner and marked by permanent signs to prevent encroachment. 5. Ponding areas established for stormwater drainage purposes are exempt from the provisions of this section. Section S. Section 20-16-10 (Glare) of the Zoning Ordinance is hereby repealed and replaced by the following: 20-16-10 Exterior Lighting: A. Purpose: It is the purpose of this section to encourage the use of lighting systems that will reduce light pollution while increasing night time safety, utility, security and productivity. E B. Exemptions. The provisions of this section shall not apply to the following: 1. Temporary outdoor lighting used during customary holiday seasons. 2. Temporary outdoor lighting used for civic celebrations and promotions. 3. Lighting required by a government agency for the safe operation of airplanes, or security lighting required on government buildings or structures. 4. Emergency lighting by police, fire, and rescue authorities. 5. Architectural/historical light fixtures that feature globes that are not shielded. In no case shall the light affect adjacent property in excess of the maximum intensity defined in Section 20-16-10- C.1. 6. All outdoor lighting fixtures existing and legally installed prior to (EFFECTIVE DATE] are exempt from regulations of this Section but shall comply with the previous standards for glare as follows: a.. Any lighting used to illuminate an off- street parking area, sign or other structure, shall be arranged as to deflect light away from any adjoining residential zone or from the public streets. Direct or sky -reflected glare, where from flood lights or from high temperature processes such as combustion or welding shall not be directed into any adjoining property. The source of lights shall be hooded or controlled in some manner so as not to light adjacent property. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right-of-way. Any light or combination of lights which cast light on a public street shall not exceed one (1) foot 10 candle (meter reading) as measured from the center line of said street. Any light or combination of lights which cast light on residential property shall not exceed four - tenths (.4) foot candles (meter reading) as measured from said property. b. Replacement. Whenever a light fixture that was existing on [EFFECTIVE DATE] is replaced by a new outdoor light fixture, the provisions of this section shall be complied with. C. Performance Standards. 1. Intensity. No light source or combination thereof which cast light on a public street shall exceed one (1) foot candle meter reading as measured from the centerline of said street nor shall any light source or combination thereof which cast light on adjacent property exceed four -tenths (0.4) foot candles as measured at the property line. 2. Agriculture or Residential District Standards. In all agriculture or residential districts, any lighting used to illuminate an off-street parking area, structure, or area shall be arranged as to deflect light away from any adjoining residential property or from any public right-of-way in accordance with the following provisions: a. The light source shall be hooded or controlled so as not to light adjacent property in excess of the maximum intensity defined in Section 20-16-10.C.1. b. Bare light bulbs shall not be permitted in view of adjacent property or public right- of-way, unless part of a permanent fixture. 3. Institutional, Business, and In dustrial Districts. Any lighting used to illuminate an off-street parking area, structure, or area shall be 11 arranged so as to deflect light away from any adjoining property or from any public right-of- way in accordance with the following provisions: a. Shielding. The light fixture shall contain a cutoff which directs the light at an angle of ninety (90) degrees or less. Exposure of the light source shall not be permitted in view of adjacent property or public right-of-way. b. Lighting of entire facades or architectural features of a building shall be approved by the City Council. Building facades or architectural features may not be internally illuminated and shall only utilize illuminating devices mounted on top and facing downward onto the structure. In no case shall the light affect adjacent property in excess of the maximum intensity defined in Section 20-16-10-C.1. C. Intensity. Light sources shall not be permitted so as to light adjacent property in excess of the maximum intensity defined in Section 20-16-10.C.1 of this Chapter. d. Search Lights. The use of search lights for any business shall be limited to not more than two (2) events per calendar year. During any one event, the use of search lights shall be limited to five (5) days consecutively and shall not be used between the hours of 10:OOPM and sunrise. 4. Height. The maximum height above the ground grade permitted for poles, fixtures, and light sources mounted on a pole is twenty-five (25) feet. A light source mounted on a building shall not exceed the height of the building. Exceptions to the height limits for light sources may be approved by conditional use permit provided that all other requirements of this 12 Section are complied with. 5. Location. a. All outdoor light fixtures shall be setback a minimum of ten (10) feet from a street right-of-way and five (5) feet from an interior side or rear lot line. b. No light sources shall be located on the roof unless said light enhances the architectural features of the building and is approved by the City Council. 6. Hours. a. The use of outdoor lighting for parking lots serving institutional, commercial, and industrial uses shall be turned off one (1) hour after closing, except for approved security lighting. b. All illuminated business identification signs shall be turned off between 11:00 PM and sunrise, except that said signs may be illuminated while the business facility on the premise is open for service. 7. Glare. Direct or reflected glare from high temperature processes such as combustion or welding shall not be visible from any adjoining property. 8. Outdoor Recreation. Outdoor recreational uses such as, but not limited to, baseball fields, football fields, tennis courts and snow skiing areas have special requirements for night time lighting. Due to these unique circumstances, a conditional use permit shall be required for outdoor lighting systems for such uses that do not comply regulations of this section, provided that: 13 a. No public or private outdoor recreation facility shall be illuminated after 11:00 PM. b. Off-street parking areas for outdoor recreation uses that are illuminated shall meet the requirements for institutional, commercial, and industrial applications as found in Section 20-16-10.C.3 of this Chapter. C. The provisions of Section 20-4-2.F of this Chapter are considered and satisfactorily met. 9. Outdoor Signs. Outdoor signs constructed of translucent materials and wholly illuminated from within do not require shielding. Signs not exclusively illuminated internally may only utilize illuminating devices mounted on top and facing downward of the display structure. All shall comply with all other provisions of this Ordinance. D. Prohibitions. The following outdoor lights are prohibited: 1. Flashing lights. Section 10. Section 20-25-5 (Accessory, Second Residential Dwellings (Temporary)) of the Zoning Ordinance is here by repealed and reserved for future use: 20-25-5 RESERVED. Section 11. Section 20-26-4.B (Farm Animals) of the Zoning Ordinance is hereby amended to read as follows: B. The keeping and maintaining of farm animals, including livestock and horses, shall be allowed by administrative permit in the A-2 District and by conditional use permit in the R -C Zoning District, provided: A. The applicable provisions of Section 20-4-2.F or 20-8-2.D of this Chapter are considered and determined to be satisfied. 14 2. The minimum lot size upon which animals are to be located shall be two and one-half (2'/) acres. 3. Farm animals may not be confined in a pen, feedlot, or building within two hundred (200) feet of any Residential District, other than an R -C District, established by Section 50 of this Chapter property line not owned or leased by the operator. 4. The keeping and care of animals is provided as regulated by the City Code. 5. The density per acre of farm animals specifically allowed must not exceed the maximum densities, as specified below, unless permitted by conditional use permit: Animals Number/Acre a. Cattle, horses mules,donkeys 1 b. Goats, sheep 5 C. Swine 10 d. Turkeys, ducks, geese 25 e. Chickens, rabbits, guinea Pigs, hamsters, pigeons 50 6. A shelter or stabling facility shall provide a minimum of one hundred (100) square feet per acre of enclosed area per animal, or fractions thereof, as based upon the number of animals per acre listed above (example: 100 square feet divided by five goats/acre = 20 square feet of enclosed area per goat). Section 12. Section 20-27-2 (Feedlots - Allowed Feedlots) of the Zoning Ordinance is hereby amended to read as follows: 20-27-2: ALLOWED FEEDLOTS: A. Except as provided for by Section 20-27-2.B, existing feedlots may continue operations as legal nonconforming uses as set forth in Section 15 of this Chapter, and as long as they do not constitute a potential pollution hazard. Such feedlots may only continue on the condition that they obtain approval from MPCA, if necessary. 15 1. Interpretation of Section 15: It is understood that by its nature the raising of animals and farming creates a situation where there are seasonal, natural, fluctuations in the number of animals within a facility. It is also understood that to remain viable, a farming operation must have a reasonable ability to limited expansion. Due to these peculiar circumstances, and only for purposes of this Section, the phrase "enlarged" contained in Section 15 of this Ordinance shall be construed as an enlargement of a legally established pre-existing use in the following circumstances: a. In a case where a new structure is constructed or is proposed for construction for the purpose of housing additional animals. b. In a case where a lagoon or earthen basin associated with an increase in animal units is constructed or proposed for construction. C. In a case where an existing animal feedlot is not in compliance with the terms and conditions of an MPCA permit or interim permit. d. In the case where additional animal units place the facility in violation of current City ordinances regarding the care of animals. e. Any increase of the total number of animal units in an existing animal feedlot which raises the cumulative total of animal units above twice the number present upon the facility at the date of adoption of this Ordinance. f. Any construction, outside of normal maintenance, which has the effect of increasing the size of a building used for the purposes of housing animals which is done without the conditional use permit required by this section. g. Absent any ongoing violations of other City ordinances. 16 B. Registered Feedlots: Those feedlots registered with the City by October 1, 2000 may continue operations and be allowed limited expansion opportunities as provided for in this section, subject to the following: 1. Registration: All existing feedlots shall be registered with the City by October 1, 2000 by administrative permit, subject to the procedures set forth in and regulated by Section 8 of this Chapter. a. An application for an administrative permit to register an existing feedlot shall include the following information.- Owner's nformation: Owners and operator's name and address. (2) Location of the animal feedlot including quarter, section, range and township. (3) Animal types and existing number of animals of each type confined at the feedlot and maximum number of animal units allowed in conformance with MPCA permits and guidelines. (4) A scale drawing clearly indicating the dimensions of the feedlot and showing all existing homes, buildings, existing manure storage areas and/or structures, lakes, ponds, water courses, known wetlands, dry runs, rock outcroppings, roads and wells within one thousand (1,000) feet of the feedlot. (5) Plans for buildings and structures as required by this Ordinance and/or other County and State ordinances and regulations. iVA (6) A manure and waste management plan as required by the MPCA. (7) Leases or agreements allowing disposal of manure on land other than that of the feedlot owner/operator. No land may be subject to more than one (1) such lease or agreement. (8) Documentation of compliance with all MPCA rules and regulations and approval of MPCA permits, as may be applicable. (9) Information identified in Section 20-8-3 of this Chapter, as may be applicable. b. Amended Registration: An amendment to a registration may be applied for and shall be administered in a manner similar to a new registration application. Amended registration shall be required for any of the following: (1) Ownership of an existing feedlot is changed, including but not limited to the following: (a) A change in ownership of buildings and/or land. (b) A lease for the use of buildings and/or land is entered into, modified or terminated. (2) There is a substantial change in operation of the feedlot. (a) The number of animal units is increased two hundred (200) percent above the number of animal units W existing at the feedlot on the date of registration. (b) Construction of new buildings or expansion of existing buildings capable of housing animals. (c) Any change in the operation of a feedlot that would affect the storage, handling, utilization or disposal of manure. C. Termination. Registration of an existing feedlot shall be valid indefinitely provided that the operation is in full compliance with the provisions of this Chapter and County and/or State regulations, as may be applicable. The owner of a feedlot may terminate an approved registration at any time by submitting a written request to the Zoning Administrator. Once terminated by a feedlot owner, registration shall be permanently forfeited and not be re-established under any circumstances. Any feedlot for which registration was terminated may continue operations as a legal non -conforming use as outlined in Section 20-27-2.A.1 of this Section. d. Any feedlot not registered with the Zoning Administrator by October 1, 2000 may continue operations as a legal non- conforming use as outlined in Section 20- 27-2.A.1 of this section. Section 13. Section 20-27-4 (Feedlots - Expansion of Animal Units) of the Zoning Ordinance is hereby amended to read as follows: 20-27-4: EXPANSION OF ANIMAL UNITS: An existing feedlot that is registered pursuant to Section 20-27-2.6 may be allowed to increase the number of animal units, subject to the following.- 19 ollowing:19 Section 14. Section 20-277-5.A (Feedlots - Structures for Housing Farm Animals) ® of the Zoning Ordinance is hereby amended to read as follows: 20-27-5.A Construction of new buildings or expansion of existing buildings for the purpose of housing farm animals is allowed for existing feedlots that are registered per Section 20-27-2.13 provided that.- Section hat: Section 15. Section 20-27-5.13 (Feedlots - Structures for Housing Farm Animals) of the Zoning Ordinance is hereby amended to read as follows: B. Construction of new buildings or expansion of existing buildings for the purpose of housing farm animals for existing feedlots that are not registered in accordance with Section 20-27-2.13 shall be subject to the provisions of 20-27-5.A above and require approval of a conditional use permit. Section 16. Section 20-37-2.E (Signs - General Provisions) of the Zoning Ordinance is hereby amended to read as follows: E. No sign or sign structure, unless otherwise regulated by this Section, shall be closer to any lot line than ten (10) feet). On corner lots, no sign shall be located within the visibility triangle required by Section 20-16-8 of this Chapter. No sign shall be placed within any drainage and utility easement. Section 17. Section 20-37-5.13.3 (Signs - Real estate development project signs) of the Zoning Ordinance is hereby amended to read as follows: 3. Real Estate Development Project Signs. Signs involving temporary identification of a new subdivision or development located upon the project site. a. Each subdivision or development shall be allowed the following temporary signs by administrative permit: (1) One (1) sign located on the project site not to exceed sixty-four (64) square feet in surface area and a maximum height of fifteen (15) feet, except signs abutting principal arterial streets which may not exceed one hundred (100) square feet in surface area and fifteen (15) feet in height. 191f� (2) One (1) sign located off -premises for directional purposes may be allowed for each arterial street approach to the property which may not exceed sixty- four (64) square feet and a maximum height of 15 feet. Not more than one (1) directional sign may be erected on a single parcel. b. The permit shall be renewable annually and conditioned upon documentation allowing such sign or structure by the property owner upon which it is to be located, and a vacancy rate of the subdivision greater than ten (10) percent. C. A security as determined by the Zoning Administrator shall be provided to ensure compliance with this Section and removal of the sign at such time as the number of vacant lots within the subdivision is less than ten (10) percent of the total number of lots. d. Signs shall be setback not less than twenty (20) feet from any property line. e. Signs may be illuminated provided that the light source is downcast and shielded to prevent glare onto adjacent properties or the public right-of-way. Section 18. Section 20-51-5.F (A-1 District - Conditional Uses) of the Zoning Ordinance is hereby amended to read as follows: F. Residential lot sizes larger than two and one-half (2-1/2) acres for lots of record and preliminary platted lots established prior to [EFFECTIVE DATE], provided that: 1. All other applicable provisions of Section 20-51-8.A of this Chapter are met. 2. The lot expansion is the result of: a. Existing buildings occupying an area larger than the lot size minimum. b. The land involved in the subdivision is non -tillable and marginal for use in agricultural production. 3. In no case shall the lot area exceed ten (10) acres. 21 4. The provisions of Section 20-4-2.F of this Chapter are considered and satisfactorily met. Section 19. Section 20-51-6.A (A-1 District - Lot Requirements) of the Zoning Ordinance is hereby amended to read as follows: A. Lot Area Requirements: 1. Minimum Lot area 2. Maximum Lot area: 3. Minimum Lot width 4. Minimum Lot Depth Lots of Record and Preliminary Platted Lots Established Prior To [EFFECTIVE DATE], 1 acre 2.5 acres 150 feet 150 feet Lots of Record After (EFFECTIVE DATEI 20 acres None 450 feet None Section 20. Section 20-51-6.C.2 (A-1 District - Side Yard Setbacks) of the Zoning Ordinance is hereby amended to read as follows: 2. Side Yard: Ten (10) feet. Section 21. Section 20-51-8 (A-1 District - Quarter -Quarter Residential Divisions) of the Zoning Ordinance is hereby amended to read as follows: 20-51-8. QUARTER -QUARTER RESIDENTIAL DIVISIONS: In a complete quarter -quarter section which contains no dwellings, one parcel may be subdivided, "the division" to be used as a residential site provided that: A. The division shall conform to all the lot area, density, and setback requirements of Section 20-51-6 of this Chapter. B. A deed restriction shall be placed upon parcels that have exercised development rights to prohibit additional subdivision, unless it is rezoned. 22 C. The initial quarter -quarter section is under common ownership. D. The division is processed in accordance with the City's Subdivision Ordinance. E. The site is capable of accommodating a private well and septic system. Section 22. Section 20-52-5 (A-2 District - Conditional Uses) of the Zoning Ordinance is hereby amended to add the following language: H. Residential lot sizes less than 20 acres in area and less than 450 feet in width for lots established after (EFFECTIVE DATE], provided that: 1. All other applicable requirements of Section 20-52-6 of this Chapter are complied with. 2. A concept plan utilizing all development rights allowed by Section 20- 52-6.13 of this Chapter is submitted and recorded with the subdivision. 3. Lots are to be clustered and the overall subdivision designed in such a manner so as to provide for logical future street and utility extensions. 4. No lot shall be less than one (1) acre in size or 150 feet in width. 5. The maximum lot size for clustered lots in the Urban Service Reserve Area shall be two and one-half (2.5) acres except if one of the following conditions is met: a. Topography, soils, wetlands, or other natural features dictate a larger minimum lot area. b. The location of existing buildings cannot be fully accommodated in compliance with applicable setback requirements of Section 20-52-6.0 of this Chapter. C. One (1) development right as allowed by Section 20-52- 6.13 of this Chapter is used for a dwelling located on the parent parcel outside of the residential cluster. 23 6. A resubdivision plan for future division of each lot with availability of municipal sanitary sewer service is submitted and recorded on the deed for each lot. Principal and accessory buildings shall be located on each lot in conformance with all present and future setback requirements based on the resubdivision plan. 7. A deed restriction is placed on the parcel exercising development rights and all subdivided lots to prohibit additional subdivision unless it conforms to applicable zoning district requirements. 8. Each lot is capable of accommodating a private well and septic system. 9. The provisions of Section 20-4-21 of this Chapter are considered and satisfactorily met. Section 23. Section 20-52-6.A (A-2 District - Lot Area Requirements) is hereby amended to read as follows: A. Lot Area Requirements: 1. Minimum Lot area 2. Minimum Lot width 3. Minimum Lot Depth: Lots of Record and Preliminary Platted Lots Established Prior To [EFFECTIVE DATEI 1 acre 150 feet 150 feet Lots of Record After (EFFECTIVE DATEI 20 acres 450 feet None Section 24. Section 20-52-6.C.2 (A-2 District - Side Yard Setbacks) of the Zoning Ordinance is hereby amended to read as follows: 2. Side Yard: Ten (10) feet. Section 25. Section 20-61-0.8.2 (R-1 District - Side Yard Setbacks) of the Zoning Ordinance is hereby amended to read as follows: M 2. Side Yard: Ten (10) feet. Section 26. Section 20-62-6.13.2 (R-2 District - Side Yard Setbacks) of the Zoning Ordinance is hereby amended to read as follows: 2. Side Yard: Ten (10) feet. Section 27. Section 20-62-6.13.2 (R-3 District - Side Yard Setbacks) of the Zoning Ordinance is hereby amended to read as follows: 2. Side Yard: Ten (10) feet. Section 28. Section 20-76-6 (8-2 District - Conditional Uses) of the Zoning Ordinance is hereby amended to add the following language: H. Motor vehicle sales, leasing, and rental including new and used automobiles, light trucks, recreational vehicles and equipment, motorcycles, boats and marine equipment, provided that.- An hat:An enclosed building that complies with the following standards shall be constructed: Lot Size Minimum Lot Coverage by Buildin s' Minimum Building Size' Less than 2.O0ac. 10% 2,500sf. 2.01 ac. to 4.O0ac. 10% 10,000sf. 4.01 ac. and larger 20% 40,OOOsf. I Whichever results in a larger building. 2. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area so as to constitute a blighting influence. 3. The outdoor sales lot shall be surfaced with bituminous or concrete material and surrounded by perimeter concrete curb. 4. The use shall be fenced or screened from view of adjacent Residential Districts in compliance with Section 16 of this Chapter. 25 5. The lot shall have frontage, if not direct access, to a collector or arterial street as designated by the Comprehensive Plan. Vehicular access points shall create a minimum of conflict with through traffic movement and shall comply with Section 21 of this Chapter, subject to approval of the City Engineer. 6. Off-street parking and loading areas shall be provided in conformance with Section 21 and 22 of this Chapter exclusive of areas used for outdoor sales. 7.. Site lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right-of-way and the location, type, and illumination field of all site lighting shall comply with Section 16 of this Chapter. 8. The number, size, and location of all signs and visual communication shall comply with Section 37 of this Chapter. 9. Accessory major or minor auto repair or car washing shall be allowed provided that all activities occur within an enclosed building. 10. Accessory outdoor storage shall be limited to vehicles being serviced which shall be fully screened from view of adjacent properties and the public right-of-way in compliance with Section 16 of this Chapter. 11. Hours of operation shall be limited to 9:OOAM to 10:0OPM unless otherwise approved by the City Council. 12. The provisions of Section 20-4-2.F of this Chapter are considered and determined to be satisfied. Section 29. Section 20-94-4.6 (Floodplain Overlay District -General Provisions) of the Zoning Ordinance is hereby amended to read as follows.- B. ollows: B. Establishment of Official Zoning Map. The official Zoning Map together with all materials attached thereto is hereby adopted by reference and declared to be part of this Chapter. The attached material shall include the Flood Insurance Study for the City of Otsego prepared by the Federal Emergency Management Agency (FEMA) dated 30 September 1992, the Flood Insurance Study for Wright County prepared by FEMA dated 18 August 1992, the Flood 26 Insurance Rate Maps for the City of Otsego dated 30 September 1992, and panel #270534 0032C of the Flood Insurance Rate Map for Wright County dated 18 August 1992 therein. The official Zoning Map shall be on file in the office of the Zoning Administrator. Section 30. Section 20-95-7.C.2.d ( WS "A" District - Side Yard Setbacks) of the Zoning Ordinance is hereby amended to read as follows: d. Side Yard: 10 feet. Section 31. Section 20-95-7.D.2.d ( WS "B" District - Side Yard Setbacks) of the Zoning Ordinance is hereby amended to read as follows: Non-Sewered Sewered d. Side Yard: 10 feet. 10 feet Section 32. Section 20-95-7.E.2.d ( WS "C" District - Side Yard Setbacks) of the Zoning Ordinance is hereby amended to read as follows: Non-Sewered Sewered d. Side Yard: 10 feet. 10 feet Section 33. This Ordinance shall become effective immediately upon its passage and publication. PASSED by the Otsego City Council this _th day of 2002 CITY OF OTSEGO BY: Larry Fournier, Mayor 27 ATTEST: Judy Hudson, Zoning Administrator/City Clerk 28 SINGLE AND TWO-FAMILY ACCESSORY BUILDING REGULATION MATRIX (Reference Section 20-16-4 of the Zoning Ordinance) EXHIBIT B A-1 District R -C District R-4 District A-2 District R-1 District R-5 District R-2 District R-6 District R-3 District R-7 District Attached Minimum 480sf. / Minimum 480sf. / Minimum 480sf. / Garage Maximum 1,000sf. Maximum 1,000sf. Maximum 1,000sf. Detached Garage or Maximum of 1,000sf. + 1,000sf. + 500sf. for Maximum 150sf. w/ Accessory Structure - 500sf. for each each additional attached garage or Maximum Area additional acre > 1 acre > 1 acre up to 1,150sf. w/out attached acre up to 6,000sf. 2,000sf. garage. Detached Garage or Maximum building size Maximum building size n/a Accessory Structure - = 1,500sf. for parcels = 1,500sf. Maximum Size in LRUSA or parcels less than or equal to Sac. No limit for parcels greater than Sac. outside of the LRUSA.. Relation to Size of Total floor area of all Total floor area of all No regulation Principal Structure accessory structures accessory structures shall not exceed 200 shall not exceed 200 percent of the gross percent of the gross floor area of the floor area of the principal structure or principal structure or the maximum the maximum combined area allowed combined area allowed based upon lot size, based upon lot size, whichever is least for whichever is least. parcels less than or equal to 5 acres. No limit for parcels greater than Sac. Number of structures No more than 2 No more than 2 No more than 1 detached structures per detached structures per detached structure per dwelling. dwelling. dwelling. Setbacks 1Oft. from side/rear lot line if < 1,000sf., or Principal building setbacks if > 1,000sf. Pole Buildings Allowed in RSA and Not allowed. Not allowed. USAR on parcels Sac. I'i or larger. EXHIBIT B