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
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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
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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:
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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:
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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.
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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.
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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.
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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.
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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
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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
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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:
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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.
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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.
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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