ORD 16-01• • 1 01 K 111 01,04
__
AN ORDINANCE AMENDING CHAPTER 20 OF THE CITY CODE (THE ZONING
ORDINANCE.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Section 16 of the Zoning Ordinance is hereby amended to read as
follows:
SECTION 16
GENERAL PERFORMANCE REQUIREMENTS
Section
20-16-1:
Purpose
20-16-2:
Dwelling Unit Restriction
20-16-3:
Platted and Unplatted Property
20-164:
Traffic Visibility
20-165:
Drainage Plans
20-166:
Exterior Lighting
20-167:
Smoke
20-168:
Dust and Other Particulated Matter
20-169:
Odors
20-1610:
Noise
20-16-11:
Sewage Disposal
20-16-12:
Waste Material
20-16-13:
Bulk Storage (Liquid)
20-16-14:
Radiation Emission
20-16-15:
Electrical Emission
20-16-16:
Public Rights -of -Way
20-16-1: PURPOSE: The purpose of this Section is to establish general
development performance standards. These standards are intended and
designed to assure compatibility of uses; to prevent blight, deterioration,
and decay; and to enhance the health, safety and general welfare of the
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residents of the City.
20-16-2: DWELLING UNIT RESTRICTION:
A. No garage, tent, accessory building, travel trailer or motor home shall at
any time be used as living quarters, temporarily or permanently, except as
allowed by Section 20-16-2.E of this Chapter.
B. Basements and cellars may not be used as temporary living quarters or
rooms pending the completion of construction and issuance of a certificate
of occupancy of the principal residential dwelling. Energy conserving
designs in housing are not prohibited by this provision of this Chapter,
provided that a conditional use permit is approved by the City Council and
the structure complies with standards imposed by the State and the
Uniform Building Code.
C. As regulated by this Chapter, tents, play houses, travel trailers or motor
homes or similar structures may be used only for play or recreational
purposes, except as allowed by Section 20-16-2.E of this Chapter.
D. No accessory building or structure other than a fence or temporary
construction office may be constructed prior to the time of construction of
the principal building or structure.
E. Temporary Dwelling Units. Temporary establishment of dwelling units is
allowed by administrative permit on residential lots during reconstruction
of the principal structure damaged by fire or natural disaster, provided
that:
1. The temporary dwelling unit is not established prior to building
permit approval for the reconstruction of the principal structure.
2. Occupancy of the temporary dwelling unit is limited to the residents
of the prior or future principal structure.
3. The applicant must demonstrate intent to proceed with
reconstruction of principal structure, including construction
contracts, proof of financial or other evidence of intended project
completion.
4. The temporary dwelling unit meets all setback requirements within
the Zoning District for which the property is located.
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5. The temporary dwelling unit shall not exceed one (1) story or fifteen
(15) feet in height, whichever is least.
6. The temporary dwelling housing unit is connected to a private water
and sewer system approved by the City and State Department of
Health.
7. Security is provided to ensure removal of the temporary dwelling
unit upon completion of the reconstruction project. The security
shall be in the amount equal to Zoning Administrator's estimated
costs for removal of the temporary dwelling unit.
8. The applicant submit a permit application and a site plan (to scale)
showing the location of lot lines, the proposed location of the
temporary dwelling unit, the principal structure and other prominent
site features.
9. Inspection. All temporary dwelling units shall be subject to
inspection by the Zoning Administrator and/or Building Official.
10. Permit Expiration.
a. The temporary dwelling unit permit shall expire ninety (90)
days from the date of permit issuance or within three (3)
weeks after the date of certificate of occupancy permit being
issued for the principal residential dwelling, whichever first
occurs, unless a petition for an extension of time has been
granted by the Zoning Administrator and provided that:
(1) The extension is requested in writing and is filed with
the city at least thirty (30) days prior to the expiration
of the initial permit.
(2) The request for extension states facts demonstrating
that a good faith attempt has been made to complete
or utilize the permit that has been granted.
(3) A maximum of one (1) extension shall be granted.
(4) The extension shall not exceed sixty (60) days from
the initial permit expiration date.
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b. There shall be no charge for the filing of a petition for the
extension described in Subsection A, above.
20-16-3: PLATTED AND UNPLATTED PROPERTY:
A. Any person desiring to improve property shall submit to the Zoning
Administrator a Certificate of Survey of said premises and information on
the location and dimensions of existing and proposed buildings, location of
easements crossing the property, encroachments, and any other
information which may be necessary to ensure conformance to City Code
provisions.
B. All buildings shall be so placed so that they will not obstruct future streets
which may be constructed by the City in conformity with existing streets
and according to the Comprehensive Plan and to the system and
standards employed by the City. Furthermore, all buildings shall be
placed so that they will not obstruct future utility routes or the potential
resubdivision of the property.
C. Except in the case of planned unit developments or planned unit
development -conditional use permits as provided for in Section 36 of this
Chapter, not more than one principal building shall be located on a lot,
provided that:
1. Lot Requirements: The lot shall conform to the applicable minimum
lot area, lot width, and setback requirements of the zoning district in
which it is located.
2. Setbacks: Setbacks between multiple principal buildings within the
same base lot shall be a minimum of ten (10) feet.
3. Common Areas: All common areas including, but not limited to,
open space, wetlands, greenways, stormwater basins, driveways,
parking areas, sidewalks, etc., shall be maintained in one of the
following ways:
a. All of the property including buildings and common areas
shall be owned by a single entity.
b. Condominium ownership pursuant to Minnesota statutes
515A.1-106.
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C. The property shall be divided into a base lot and unit lots to
allow for individual ownership of the principal buildings or
individual tenant spaces within the principal building, with
each owner of a unit lot having an equal and undivided
interest in the common area, subject to the following
requirements:
(1) The tenant space related to each unit lot shall have
an exclusive exterior entrance,
(2) A management association shall be established for all
commercial developments with multiple principal
buildings subdivided in a base lot/unit lot configuration
that is to be responsible for all exterior building
maintenance, approval of any exterior architectural
modifications, landscaping, snow clearing and regular
maintenance of driveways and parking areas.
4. Utilities:
a. Underground Or Exterior Service: All utilities including
telephone, electricity, gas, and telecable shall be installed
underground. Exterior utility meters and fixtures shall be
located in interior side or rear yards when possible and shall
be screened from view of adjacent properties and the public
right of way.
b. Public Utility Service: Separate public utility services shall be
provided to each unit unless exempted by the City Engineer.
(1) Water connection: A shutoff valve for each individual
unit shall be provided.
(2) Sewer connection: Where more than one unit is
served by a sanitary sewer service, all maintenance
and cleaning shall be the responsibility of the
maintenance association or owners.
D. On a through lot or a corner lot, both lot lines abutting a public right-of-way
shall be defined as front yards for applying the regulations of this Chapter.
E. When a development is proposed which is to be located on two or more
lots, and such lots are required to meet the minimum district area, frontage
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and density requirements and/or are required to accommodate the use,
the lots shall be combined in accordance with the Subdivision Ordinance,
prior to the issuing of a building permit.
F. In the case of properties that abut street easements, applicable setbacks
shall be measured from the easement line and shall be related to roadway
classification as identified in the Comprehensive Plan.
G. Outlots are deemed unbuildable unless replatted as a lot and block in
accordance with the Subdivision Ordinance and no building permit shall
be issued for such properties, except in the case of public park facilities
and essential services.
20-16-4: TRAFFIC VISIBILITY:
A. Visibility from any street or driveway shall be unobstructed above a height
of two (2) feet and eight (8) feet measured from where both street or
driveway centerlines intersect within the triangle described as beginning at
the intersection of the projected curb line (or edge of shoulders for rural
sections) of two (2) intersecting streets or drives, then forty five (45) feet
along one curb line, then diagonally to a point forty five (45) feet from the
point of beginning along the other curb line.
B. Exceptions:
1. Plantings as allowed by Section 19 of this Chapter and Section 5-7-
3 of the City Code.
2. Fences as allowed by Section 19 of this Chapter.
3. Building setbacks as allowed within a PUD, Planned Unit
Development District, by PUD -CUP or as otherwise provided for by
this Chapter.
20-16-5: DRAINAGE PLANS AND SOIL EROSION AND SEDIMENT CONTROL:
A. No land shall be developed and no use shall be permitted that results in
water runoff causing flooding, erosion, or deposit of minerals on adjacent
properties. Such runoff shall be properly channeled into a storm drain,
water course, ponding area, or other public facilities in compliance with
Chapter 6, Section 9 of the City Code, subject to the review and approval
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of the City Engineer.
B. No person shall initiate any land disturbing activity without first obtaining a
permit from the City as may be required by Chapter 4, Sections 4 and 5 of
the City Code, subject to review and approval of the City Engineer.
C. In the case of all residential subdivisions, multiple family, business and
industrial developments, the drainage plans with appropriate spot site
elevations shall be submitted to the City Engineer for review and the final
drainage plan shall be subject to written approval. In the case of such
uses, no modifications in grade and drainage flow through fill, erection of
retaining walls or other such actions shall be permitted until such plans
have been reviewed and received written approval from the City Engineer.
D. The following standards shall apply to all development and activity that
necessitates the grading, stripping, cutting, filling, or exposure of soils.
1. General Standards:
a. The development shall conform to the natural limitations
presented by topography and soil so as to create the least
potential for soil erosion.
t` b. Erosion and siltation control measures shall be coordinated
with the different stages of development. Appropriate control
measures shall be installed prior to development when
necessary to control erosion.
C. Land shall be developed in increments of workable size such
that adequate erosion and siltation controls can be provided
as construction progresses. The smallest practical area of
land shall be exposed at any one period of time.
d. The drainage system shall be constructed and operational
as quickly as possible during construction.
e. Whenever possible, natural vegetation shall be retained and
protected.
f. Where the topsoil is removed, sufficient arable soil shall be
set aside for re -spreading over the developed area. The soil
shall be restored to a depth of four (4) inches and shall be of
a quality at least equal to the soil quality prior to
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development.
g. When soil is exposed, the exposure shall be for the shortest
feasible period of time. No exposure shall be planned to
exceed sixty (60) days. Said time period shall be extended
only if the Zoning Administrator is satisfied that adequate
measures have been established and will remain in place.
h. The natural drainage system shall be used as far as is
feasible for the storage and flow of runoff. Storm water
drainage shall be discharged to marshlands, swamps,
retention basins or other treatment facilities. Diversion of
storm water to marshlands or swamps shall be considered
for existing or planned surface drainage. Marshlands and
swamps used for storm water shall provide for natural or
artificial water level control. Temporary storage areas or
retention basins scattered throughout developed areas shall
be encouraged to reduce peak flows, erosion damage, and
construction costs.
2. Exposed Slopes: The following control measures shall be taken to
control erosion during any activity where soils are exposed:
a. Grading and erosion control plans for exposed slopes shall
comply with Section 4-4-5 of the City Code and are subject
to review and approval of the City Engineer.
b. At the foot of each exposed slope, a channel and berm
should be constructed to control runoff. The channelized
water should be diverted to a sedimentation basin (debris
basin, silt basin or silt trap) before being allowed to enter the
natural drainage system.
C. Along the top of each exposed slope, a berm should be
constructed to prevent runoff from flowing over the edge of
the slope. Where runoff collecting behind said berm cannot
be diverted elsewhere and must be directed down the slope,
appropriate measures shall be taken to prevent erosion.
Such measures should consist of either an asphalt paved
flow apron and drop chute laid down the slope or a flexible
slope drain. At the base of the slope drain or flow apron, a
gravel energy dissipator should be installed to prevent
erosion at the discharge end.
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d. Exposed slopes shall be protected by whatever means will
effectively prevent erosion considering the degree of slope,
soils material, and expected length of exposure. Slope
protection shall consist of mulch, sheets of plastic, burlap or
jute netting, sod blankets, fast growing grasses or temporary
seedings of annual grasses. Mulch consists of hay, straw,
wood chips, corn stalks, bark or other protective material to
be anchored by means as approved by the City Engineer.
e. Alternate control measures, other than those specifically
stated above or provided for in Chapter 4, Section 4 of the
City Code, may be used in place of the above measures if it
can be demonstrated that they will as effectively protect
exposed slopes, subject to review and approval of the City
Engineer.
3. Design Standards:
a. Waterways:
(1) The use of the natural above ground drainage system
to dispose of runoff is strongly encouraged. Storm
sewers are only be used where it can be
demonstrated that the use of the above ground
natural drainage system will not adequately dispose
of runoff. Above ground runoff disposal waterways
may be constructed to augment the natural drainage
system. To the extent possible, the natural and
constructed waterways shall be coordinated with an
open space trail system.
(2) The widths of a constructed waterway shall be
sufficiently large to adequately channel runoff from a
ten (10) year storm. Adequacy shall be determined
by the expected runoff when full development of the
drainage area is reached.
(3) No fences or structures shall be constructed across
the waterway that will reduce or restrict the flow of
water.
(4) The banks of the waterway shall be protected with a
permanent turf vegetation.
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(5) The banks of the waterway shall not exceed five (5)
feet horizontal to one (1) foot vertical in gradient.
(6) The gradient of the waterway bed shall not exceed a
grade that will result in a velocity that will cause
erosion of the banks of the waterway.
(7) The bed of the waterway shall be protected with turf,
sod, or concrete. If turf or sod will not function
properly, rip rap may be used. Rip rap shall consist of
quarried limestone, fieldstone (if random rip rap is
used) or construction materials provided said
construction materials are limited to asphalt cement
and concrete. The rip rap shall be no smaller than
two (2) inches square nor no larger than two (2) feet
square. Construction materials shall be used only in
those areas where the waterway is not used as part of
a recreation trail system.
(8) If the flow velocity in the waterway is such that
erosion of the turf sidewall will occur and said velocity
cannot be decreased via velocity control structures,
then other materials may replace turf on the sidewalls.
Either gravel or rip rap may be allowed to prevent
erosion at these points.
b. Water Velocity:
(1) The flow velocity of runoff in waterways shall be
controlled to a velocity that will minimize erosion of
the waterway.
(2) Flow velocity shall be controlled through the
installation of diversions, berms, slope drains, and
other similarly effective velocity control structures.
C. Sediment Control:
(1) To prevent sedimentation of waterways, pervious and
impervious sediment traps and other sediment control
structures shall be incorporated throughout the
contributing watershed.
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(2) Temporary pervious sediment traps could consist of a
construction of bales of hay with a low spillway
embankment section of sand and gravel that permits
a slow movement: of water while filtering sediment.
Such structures may serve as temporary sediment
control features during the construction stage of a
development.
(3) Permanent impervious sediment control structures
consist of sediment basins (debris basins, desilting
basins, or silt traps) and shall be utilized to remove
sediment from runoff prior to its disposal in any
permanent body of water.
d. Maintenance of Erosion Control System:
(1) The erosion and velocity control structures shall be
maintained in a condition that will insure continuous
functioning according to the provisions of this
Chapter.
(2) Sediment basins shall be maintained as the need
occurs to insure continuous desilting action.
(3) The areas utilized for runoff waterways and sediment
basins shall not be allowed to exist in an unsightly
condition. The banks of the sediment basins and
waterways shall be landscaped.
(4) Prior to the approval of any development, the
developer shall make provision for continued
maintenance of the erosion and sediment control
system.
E. Building Elevations:
1. The top of the foundation and the garage floor of all structures shall
be eighteen (18) inches above the grade of the crown of the street
upon which the property fronts.
2. The lowest floor, including basement floor, of all structures
constructed on lots preliminary platted or established after
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[EFFECTIVE DATE] shall be at a level at least three (3) feet above
the highest known groundwater table elevation. If requested by the
Building Official, the groundwater table elevation shall be
determined by a licensed soils engineer using soil borings,
piezorneters, or the observation of mottled soils.
3. Exceptions to this standard may be approved by administrative
permit upon consultation with the City Engineer for special
circumstances such as increased setback, site topography, septic
system operation and the like, provided that proper site and area
drainage is maintained and the elevation of the structure is in
keeping with the character of the area.
F. Wetlands: In addition to the requirements of Section 93 of this Chapter,
the following shall be the minimum protection for natural wetlands.
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.
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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 October
14, 2002. 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 October 14, 2002
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 wetland and buffer shall be platted as an outlot if
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established as part of a subdivision application. All other
applications shall require dedication of a perpetual
conservation easement.
5. Ponding areas established for stormwater drainage purposes are
exempt from the provisions of this section.
20-16-6: 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.
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 installed by a government jurisdiction or agency within
public -rights-of-way, 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 20-16-6-C.1 of
this Chapter.
6. All outdoor lighting fixtures existing and legally installed prior to
October 14, 2002 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
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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 sorne
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 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 (A) foot candles (meter reading) as
measured from said property.
b. Replacement. Whenever a light fixture that was existing on
October 14, 2002 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 at the property line 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 20-16-6-C.1 of this Chapter.
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 Industrial Districts. Any lighting used to
illuminate an off-street parking area, structure, or area shall be
arranged so as to deflect light away from any adjoining property or
from any public right-of-way in accordance with the following
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provisions:
a. Shielding. The light fixture shall contain a cutoff which
directs the light at an angle of ninety (90) degrees.
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 20-16-6-C.1 of this
Chapter.
C. Intensity. Light sources shall not be permitted so as to light
adjacent property in excess of the maximum intensity
defined in Section 20-16-6-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 10:00 PM and sunrise.
4. Height.
a. The maximum height above the ground grade permitted for
poles, fixtures, and light sources mounted on a pole shall be:
1. Agricultural, Residential, Business and Institutional
Districts: Twenty-five (25) feet.
2. Industrial Districts: Thirty-five (35) feet.
b. A light source mounted on a building shall not exceed the
height of the building.
C. Exceptions to the height limits for light sources may be
approved by conditional use permit provided that all other
requirements of this Section are complied with.
5. Location.
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20-16-7
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. Glare. Direct or reflected glare from high temperature processes
such as combustion or welding shall not be visible from any
adjoining property.
7. 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:
a. No public or private outdoor recreation facility shall be
illuminated after 11:00 PM, unless approved by the City
Council.
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
20-16-6.C.3 of this Chapter.
8. 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.
Prohibitions. The following outdoor lights are prohibited:
1. Flashing lights.
SMOKE: The emission of smoke by any use shall be in compliance with
and regulated by the State of Minnesota Pollution Control Agency and
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Minnesota Regulation APC 7017 as amended.
20-16-8: DUST AND OTHER PARTICULATED MATTER: The emission of dust,
fly ash or other particulated matter by any use shall be in compliance with
and regulated by the State of Minnesota Pollution Control Agency and
Minnesota Regulation APC 7011, as amended.
20-16-9: ODORS: The emission of odor by any use shall be in compliance with
and regulated by the State of Minnesota Pollution Agency and Minnesota
Regulation APC 7011, as amended.
20-16-10: NOISE: Noises emanating from any use shall be in compliance with and
regulated by the State of Minnesota Pollution Control Agency and
Minnesota Regulations NPC 7010, as amended and Sections 5-8-8 and 5-
8-9 of the City Code.
20-16-11: UTILITY SYSTEMS: Any development of land requiring provision of
utilities for potable water and sanitary sewer disposal shall comply with the
provisions of Chapter 6, Section 1 of the City Code.
20-16-12: WASTE MATERIAL:
A. All waste generated on any premises shall be disposed in a manner
consistent with all Minnesota Pollution Control Agency rules and the City
Code.
B. The accumulation, storage, processing, and disposal of waste on any
premises, which is not generated on that premises, is prohibited, except
as specifically provided for in Chapter 7, Section 8 of the City Code.
20-16-13: BULK STORAGE (LIQUID): All uses associated with the bulk storage of
all gasoline, liquid fertilizer, chemical, flammable and similar liquids shall
comply with requirements of the Minnesota State Fire Marshall's,
Minnesota Department of Agriculture Offices and have documents from
those offices stating the use is in compliance.
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20-16-14: RADIATION EMISSION: All activities that emit radioactivity shall comply
with the minimum requirements of the Minnesota Pollution Control
Agency.
20-16-15: ELECTRICAL EMISSION: All activities which create electrical emissions
shall comply with the minimum requirements of the Federal
Communications Commission.
20-16-16: PUBLIC RIGHTS-OF-WAY: The erection and/or placement of any
structure or any use occurring within the City's public right-of-way shall be
in compliance with applicable provisions of the Chapter 6, Section 6 of the
City Code.
Section 2. Section 18 of the Zoning Ordinance is hereby amended to read as
follows:
SECTION 18
ACCESSORY USES AND BUILDINGS
Section
20-18-1:
Purpose
20-18-2:
Accessory Uses and Buildings
20-18-3:
Outdoor Storage
20-18-4:
Waste and Recycling Containers
20-18-5:
Swimming Pools
20-18-6:
Sales in Residential and Agricultural Zoning Districts
20-18-1: PURPOSE: The purpose of this Section is to provide performance
standards for the erection, siting and use of accessory buildings, structures and
uses that may be allowed within the various zoning districts to ensure
compatibility with the principal use and with surrounding properties, as well as to
protect the general health, safety and welfare of the community.
20-18-2: ACCESSORY USES AND BUILDINGS:
A. Time of Construction: No detached accessory building or structure shall
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I
C
be constructed on any lot prior to the time of construction of the principal
building to which it is accessory.
Exceptions:
Accessory buildings used for agricultural purposes as defined by
this Chapter are exempt from the area limits, height limits and
building type and construction standards of this subsection and are
regulated by Section 25 of this Chapter.
2. Accessory buildings, uses, and equipment within the RH-1 District
shall be as regulated by Section 68 of this Chapter.
3. For the purposes of this section, decks, gazebos, play equipment
and similar unenclosed structures with a footprint less than two
hundred (200) square feet and height of less than sixteen (16) feet)
are exempt from the accessory building number and area limits.
Detached Single Family and Two Family Uses:
1. No accessory use, building, structure or equipment shall be allowed
within a required front yard and, with the exception of an attached
garage, no accessory building may be placed within a front yard
within the R -C, R-1, R-2, R-3, R -4A, R-4, R-5, R-6 and R-7
Districts.
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 -4A, R-4, R-5, R-6, and R-7
Zoning Districts.
3. Setbacks and Encroachment:
a. Attached accessory structures shall conform to
principal building setbacks required for the zoning
district in which the structure is located.
b. Detached accessory structures may encroach into
required side or rear yard setbacks when located in
the rear yard of the lot, but shall not encroach into the
required setback for a yard abutting a public street of
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a corner lot:
(1) Detached accessory structures not exceeding
two hundred (200) square feet in gross floor
area shall be setback at least five (5) feet frorn
side or rear lot lines abutting other lots or ten
(10) feet from a rear lot line abutting a public
right-of-way in the case of a through lot.
(2) Detached accessory structures with a gross
floor area larger than two hundred (200)
square feet shall be setback at least ten (10)
feet from side or rear lot lines abutting other
lots or twenty (20) feet from a rear lot line
abutting a public right-of-way in the case of a
through lot.
C. No accessory structure shall be located within a
required buffer yard, drainage and utility easement or
public right-of-way.
4. Attached Accessory Garages.
a. The minimum floor area of an attached garage shall be four
hundred eighty (480) square feet.
b. The maximum floor area of an attached garage shall be one
thousand eighty (1,080) square feet, except as provided for
by Section 20-18-4.B.4.c of this Chapter.
C. Within the A-1, R -C, R-1, and R-2 Districts, the floor area of
an attached garage may exceed one thousand eighty
(1,080) square feet provided that the maximum floor area
does not exceed one thousand five hundred (1,500) square
feet or sixty-five (65) percent of the building footprint of the
principal dwelling (not including the area of the attached
garage), whichever is less.
5. Detached accessory buildings and structures within the A-1 and A-
2 Zoning Districts:
a. The total floor area allowed for all detached accessory
structures shall be as follows:
21
Lot Area
Maximum Total Floor Area
of All Detached Accessory
Structures
1.00 ac. or smaller
1,080 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 sewer service district or 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. There is to be no 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,
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R-2, and R-3 Zoning Districts:
a. The total floor area allowed for all detached accessory
buildings shall be as follows:
Lot Area
Maximum Total Floor Area of All
Detached Accessory Structures
0.00 to 1.00 ac.
1,080 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. There is to be no more than two (2) detached private
garages or accessory structures for each detached single or
two-family dwelling.
7. Within the R -4A and R-4 Zoning Districts:
a. The combined gross floor area of attached and
detached accessory buildings shall be as follows:
Lot Area
Maximum Total Floor
Maximum Gross Floor
Area of all Attached
Area of a Detached
and Detached
Accessory Structure
Accessory Structures
When an Attached
Garage Exists on the
Same Lot
0.00 to >
1,280 square feet
200 square feet
18,000 square feet
18,001 square feet or
1,440 square feet
360 square feet
larger
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F
b. In no case shall the floor area of an individual detached
accessory building exceed one thousand (1,000) square
feet.
C. There shall be no more than one (1) detached accessory
structure with a gross floor area larger than two hundred
(200) square feet per lot.
8. Within the R-5, R-6, and R-7 Zoning Districts:
a. No accessory detached building shall occupy more
than two hundred (200) square feet when
accompanied by an attached garage on the same lot,
nor shall the combined total floor area of accessory
detached structures and/or an attached garage
exceed one thousand one hundred fifty (1,150)
square feet.
b. There shall be no more than one (1) detached
accessory structure with a gross floor area larger than
two hundred (200) square feet per lot.
D. Except as was otherwise noted, accessory buildings and uses for all
principal uses other than single family detached dwellings shall conform to
the setback requirements specified for the respective zoning district in
which they are located.
E. Except in the case of single family detached dwellings, accessory
buildings shall not exceed thirty (30) percent of the gross floor area of the
principal buildings. In those cases where this standard is exceeded, a
planned unit development conditional use permit shall be required.
F. Except as expressly allowed by conditional use permit, accessory
buildings shall comply with the following height limitations:
1. Zoning
District
A-1
A-2
R -C
Maximum Height
District limit but not higher than the principal
building
District limit but not
building
16 feet
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higher than the principal
G
R-1
16 feet
R-2
16 feet
R-3
16 feet
R -4A
16 feet
R-4
16 feet
R-5
16 feet
R-6
16 feet
R-7
16 feet
R -B
16 feet
INS
District
limit
but not
higher than
the
principal
building
B-1
16 feet
B-2
District
limit
but not
higher than
the
principal.
building
B-3
District
limit
but not
higher than
the
principal
building
B-4
District
limit
but not
higher than
the
principal
building
1-1
District
limit
but not
higher than
the
principal
building
1-2
District
limit
but not
higher than
the
principal
building
1-3
District
limit
but not
higher than
the
principal
building
2. Accessory buildings other than garages shall be limited to ten (10)
feet in height on all two-family or townhouse or multiple family lots,
except by conditional use permit.
Building Type and Standards.
1. Except for public uses owned by the City of Otsego or as may be
expressly allowed by this Chapter or by conditional use permit
subject to Section 20-18-2.1-1 of this Chapter, the same or suitable
quality exterior finish building materials used for the principal
building and allowed by Section 20-17-3 of this Chapter shall be
used in all accessory buildings over one hundred fifty (150) square
feet.
2. The design of all accessory buildings shall be compatible with that
of 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
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architectural standpoint so as not to cause a difference to a degree
to cause an incongruity or a nuisance. The City shall also give
consideration to the function of the accessory building when
evaluating its compatibility with the design of the principal building
for the purposes of this section.
3. Pole buildings as defined by this Chapter are allowed as a
permitted accessory structure within the A-1 and A-2 District
provided that:
a. The lot or parcel lies within the Rural Service Area or Urban
Service Expansion Area, as defined by the Comprehensive
Plan.
b. The lot or parcel on which the building is to be constructed
has an area of five (5) acres or greater.
H. Conditional Use Permits. Application for a conditional use permit under
this Section shall be regulated by Section 4 of this Chapter -and may be
granted provided that:
1. There is a demonstrated need and potential for continued use of
the structure and the purpose stated.
2. In the case of residential uses, no commercial or home occupation
activities, except as expressly permitted by and in accordance with
this Chapter, are conducted on the property. This restriction shall
include the storage of materials and equipment which are unrelated
to the on-site residential use and activity.
3. The building has an evident re -use or function related to the
principal use.
4. Accessory building shall be maintained in a manner that is
compatible with the adjacent uses and does not present a hazard to
public health, safety and general welfare.
20-18-3: OUTDOOR STORAGE:
A. Residential Uses: Except as provided in this Chapter, all outside storage
of materials and equipment for residential uses shall be stored within a
building or fully screened so as not to be visible from adjoining properties
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and the public right-of-way, except for the following:
1. Clothes lines pole and wire.
2. Not more than two (2) Currently licensed recreational vehicles,
trailers and equipment (not including racing cars) provided that:
a. In the front yard, provided the recreational vehicles and
equipment are located on an established driveway, entirely
on the equipment or vehicle owner's property and not upon
any public right-of-way.
b. In the side yard only when abutting an attached or detached
garage, provided that:
(1) The recreational vehicles and equipment are not
closer than five (5) feet from the side lot line.
(2) The area on which the recreational vehicles and
equipment are stored shall be surfaced with asphalt,
concrete or paving brick.
(3) The recreational vehicles and equipment shall not be
within the setback required from a public right of way
for the side yard of a corner lot, except for a side yard
when abutting a major collector or arterial street and
then may not encroach into a required bufferyard.
C. In the rear yard not closer than ten (10) feet from the rear lot
line and/or five feet (5) feet from the side lot lines and then
may not encroach into a required bufferyard.
3. Off-street parking of currently registered and operable passenger
vehicles as in accordance with Section 21 of this Chapter.
4. Construction and landscaping material currently being used on the
premises.
5. Lawn furniture or furniture used and constructed explicitly for
outdoor use.
6. Rear or side yard exterior storage of firewood for the purpose of
consumption only by the person or persons on whose property it is
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stored.
B. Other Uses. Outdoor storage for non-residential uses shall be subject to
the requirements established within the respective zoning districts in which
the use is located.
20-18-4: WASTE AND RECYCLING CONTAINTERS:
A Except as provided for by this section, all waste and recycling containers
shall be stored within the principal structure or within an accessory
building or enclosure.
B. Single Family Residential Uses: Exterior storage of waste and recycling
containers not stored within the principal structure shall be located in side
or rear yards and shall be setback a minimum of five (5) feet from all
property lines.
C. Other Uses: All refuse, recyclable materials, and necessary handling
equipment including but not limited to waste and recycling containers not
stored within the principal structure, or within an accessory building shall
be totally screened from view from all neighboring uses and the public
right-of-way within an enclosure subject to the following conditions:
1. Exterior wall or fence treatment shall be similar and/or complement
the principal building.
2. The enclosed trash and/or recycling receptacle area shall be
located in the rear or side yard and shall observe all applicable
setback requirements and shall not encroach upon any drainage
and utility easements.
3. The trash and/or recycling enclosure must be in an accessible
location for pick-up hauling vehicles.
4. The trash and/or recycling receptacles must be fully screened from
view of adjacent properties and the public right-of-way by a solid
fence or wall of at least six (6) feet in height.
5. All waste and recycling containers and enclosures shall be kept in a
good state of repair with tight -fitting lids to prevent spilling and
spread of debris.
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6. The design and construction of all waste and recycling enclosures
shall review and approval of the Zoning Administrator.
20-18-5: SWIMMING POOLS:
A. All above or below ground swimming pools shall be subject to the setback
requirements for accessory structures established by Section 20-18-2 of
this Chapter.
B. Administrative Permit. An administrative permit shall be required for all
swimming pools that causes or has the capacity to retain water with a
depth greater than thirty (30) inches as defined by Section 20-2-2 of this
Chapter that do not require a building permit. Each application for an
administrative permit to construct or erect a swimming pool shall be
accompanied by plans of sufficient detail to show:
1. The proposed location and its relationship to the other buildings
and structures on the lot.
2. The size of the pool.
3. Fencing and other fixtures existing on the lot including utility
locations and trees.
4. The location, size and types of equipment to be used in connection
with the pool, including but not limited to, filter unit, pump, fencing
and the pool itself.
5. A plan for drainage of the pool explaining drainage method and
location.
6. That the requirements contained in Section 20-18-5.0 will be
satisfied.
C. All swimming pools as defined by this Chapter shall be provided with
safeguards to prevent children from gaining uncontrolled access. This
may be accomplished with fencing or other enclosure of sufficient density
as to be impenetrable.
1. Fences. If fences are employed, they shall be at least four (4) feet
in height. The opening between the bottom of the fence and the
ground or other surfaces shall not be more than four (4) inches.
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Fences shall be of a non -corrosive material and shall be
constructed so as to be not easily climbable. All fencing openings
or points of entry into the pool enclosure shall be equipped with
gates or doors. All gates or doors to swimming pools shall be
equipped with self-closing and self -latching devices planed at a
sufficient height so as to be inaccessible to small children. All
fence posts shall be decay or corrosion -resistant and shall be set in
concrete bases or other suitable protection.
2. Accessory decks. Above ground pools with an accessory deck
constructed within three (3) feet of the pool shall install a thirty-six
(36) inch guard rail around the deck. All openings shall be
equipped with self-closing and self -latching gates.
3. Pool covers. All above ground swimming pools shall be covered
when not in use by a cover constructed of a material which
prevents uncontrolled access. Pool covers, whether they can be
locked or not, do not alone meet public safety requirements if the
cover is of the type that can collect and hold natural water.
4. Ladders. For all above -ground swimming pools utilizing a ladder
for pool access, ladders shall be removed from the pool area when
not in use to prevent uncontrolled access.
20-18-6: SALES IN RESIDENTIAL AND AGRICULTURAL ZONING DISTRICTS:
A. Passenger Vehicles, Trailers, Recreational Equipment, and Similar Items.
1. The merchandise sold in residential areas shall be the personal
property of the occupant.
2. Sales of such personal merchandise shall be limited to no more
than two (2) merchandise items per calendar year, unless approved
by the Zoning Administrator.
3. Merchandise items for sale shall not be placed in any portion of the
public right -of -way -or required front yard abutting a public right-of-
way except upon a designated, improved driveway that complies
with the requirements of Section 21 of this Chapter.
4. For sale signs on or in such merchandise shall be limited to four (4)
square feet.
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B. Garage or Rummage Sales:
1. Merchandise offered for sale shall be the personal property of the
occupant.
2. Sales shall be limited to a maximum of four (4) consecutive days
and occurring no more than two (2) times within one (1) calendar
year per property, unless approved by the Zoning Administrator.
3. Merchandise items for sale shall not be placed in any portion of the
public right-of-way, public boulevard, or required front yard except a
designated, improved driveway that complies with the requirements
of Section 21 of this Chapter.
4. Signs shall be governed by Section 37 of this Chapter.
Section 3. The existing provisions of Section 19 of the Zoning Ordinance are
hereby recodified as Chapter 38 of the Zoning Ordinance with the following provisions
adopted:
SECTION 19
LANDSCAPING, SCREENING AND FENCES
Section
20-19-1:
Purpose
20-19-2:
Landscaping
20-19-3:
Screening
20-19-4:
Fences
20-19-1: PURPOSE: The purpose of this Section is to establish standards for the
installation of fencing, screening, and landscaping and as may be required by
other Sections of this Chapter to protect the general health, safety, and welfare of
the City.
20-19-2: LANDSCAPING:
A. General: Landscaping of all properties shall be installed and maintained
31
in accordance with Section 5-7-3 of the City Code.
New Residential Subdivision, Semi -Public, and All Income Producing
Property Uses:
1. Single family dwelling units shall provide a minimum of two (2)
deciduous shade trees per lot.
2. All of other uses shall be subject to mandatory landscape pIa44--and
specifications with a landscape plan required to be developed and
installed with an emphasis upon the following areas:
a. The boundary or perimeter of the proposed site at points
adjoining other property.
b. The immediate perimeter of the structure.
C. The perimeter of parking and loading areas.
3. All landscaping incorporated in said plan shall conform to the
following standards and criteria:
a. Plantings suitable for complying with this Section shall be as
approved by the Zoning Administrator.
b. All plants must at least equal the following minimum size in
conformance with American Nursery Association standards
measured from the top of the ball or container to the top of
the tree/shrub or bottom of the evergreen leader:
Shade Trees
Ornamental Trees
Evergreen Trees
Tall Shrubs & Hedge Material
(Evergreen or Deciduous)
Low Shrubs - Deciduous
(' 32
Potted/Bare Root or
Balled & Burlapped
2 inch diameter
1-1/2 inch diameter
3 - 4 feet high
3 - 4 feet high
24 - 30 inches
- Evergreen 24 - 30 inches
- Spreading Evergreens 18 - 24 inches
C. Spacing.
(1) Plant material centers shall not be located closer than
three (3) feet from the fence line or property line and
shall not be planted to conflict with public plantings
based on the judgment of the Zoning Administrator.
(2) Where plant materials are planted in two (2) or more
rows, plantings shall be staggered in rows unless
otherwise approved by the Zoning Administrator.
(3) Where massing of plants or screening is intended,
large 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.
d. Design.
(1) The landscape plan must show some form of
designed site amenities (i.e., composition of plant
materials, and/or creative grading, decorative lighting,
exterior sculpture, etc., which are largely intended for
aesthetic purposes).
(2) All areas within the property lines (or beyond, if side
grading extends beyond) shall be treated. All exterior
areas not paved or designated as drives, parking or
storage, must be planted into ornamental vegetation
(lawns, ground covers or shrubs) unless otherwise
approved by the Zoning Administrator.
(3) Turf slopes in excess of 2.1 are prohibited unless
approved by the Zoning Administrator.
(4) All ground areas under the building roof overhang
must be treated with a decorative mulch and/or
foundation planting.
(5) All buildings must have an exterior water spigot to
33
ensure that landscape maintenance can be
accomplished.
e. Landscape Guarantee: All new plants shall be guaranteed
for one (1) year from the time planting has been completed.
All plants shall be alive and in satisfactory growth at the end
of the guarantee period or be replaced by the property
owner.
f. Tree Preservation: Prior to the issuance of building permits
for all new and/or expanded multiple family residential,
commercial, industrial and institutional uses, a tree
preservation plan shall be submitted. The plan and its
implementation shall be in accordance with the City's
adopted tree preservation guidelines and requirements as
outlined in the Subdivision Ordinance, as may be amended,
and shall be subject to review and approval of the City
Engineer and Zoning Administrator. The Zoning
Administrator may exempt an applicant from the submission
of a tree preservation plan upon demonstration that a tree
preservation plan is not considered relevant to the site in
question.
20-19-3: REQUIRED SCREENING:
A. Non -Residential Uses: Where any non-residential use except agriculture
and farming (i.e., structure, parking or storage) abuts property zoned for
residential use, that non-residential use shall provide screening along the
boundary of the residential property. Screening shall also be provided
where a non-residential use is across the street from a residential zone,
but not on that side of a non-residential use considered to be the front (as
defined by this Chapter). All fencing and screening specifically required
by this Section shall be subject to Subsection 20-16-4 of this Chapter
regarding traffic visibility and shall consist of either a green belt planting
strip, fence or combination thereof) as provided for below:
1. A green belt planting strip shall consist of evergreen trees and/or
deciduous trees and plants and shall be of sufficient width and
density to provide an effective visual screen. This planting strip
shall be designed to provide complete visual screening to a
minimum height of eight (8) feet. Earth mounding or berms may be
used but shall not be used to achieve more than three (3) feet of
34
the required screen. The planting plan and type of plantings shall
require the approval of the City Council.
2. The City may also require that a fence may be installed, but not in
lieu of the greenbelt. A required screening fence shall be
constructed of masonry, brick, vinyl or maintenance free composite
materials. A required screening fence shall provide a solid
screening effect to a minimum of six (6) feet in height but shall not
exceed eight (8) feet in height unless allowed by issuance of an
interim use permit.
B. Residential Bufferyards.
1. Double frontage lots or corner lots abutting a collector or arterial
street, as defined by the Comprehensive Plan, preliminary platted
after October 14, 2002 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.
35
(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.
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.
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.
20-19-4: FENCES: Fences shall be permitted in all yards subject to the following:
A. Administrative Permit Required: It is unlawful for any person hereafter to
36
construct or cause to be constructed or erected within the City, any fence
without first making an application for and securing an administrative
permit.
B. Certificate of Survey: An application for fence permit shall be
accompanied by a current certificate of survey providing exact lot
dimensions, the location of existing building and structures on the lot, and
the location of the proposed fence.
C. Location: All boundary line fences shall be located entirely within the
private property of the person, firm or corporation constructing or causing
the construction of such fence. The owner of the property on which a
fence exists or is proposed to be constructed is responsible for verifying
their property lines by:
1. Locating their property irons; or,
2. If the property lines cannot be located:
a. The Zoning Administrator may require the owner of property
upon which a fence now exists, or may require any property
owner proposing to construct a fence to establish the
boundary lines of the property by a survey thereof to be
made by a registered land surveyor; or,
b. The owner of property upon which a fence now exists, or the
property owner on which the fence is to be constructed and
the owner(s) of the adjoining properties enter into an
agreement regarding the location of the fence to be recorded
with the titles of the respective properties, subject to
approval of an administrative permit.
D. Construction and Maintenance:
1. Every fence shall be constructed in a professional and substantial
manner and of substantial material reasonably suitable for the
purpose for which the fence is proposed to be used. The materials
and design shall also be compatible with other structures in the
area in which the fence is located and shall not cause blight or a
negative impact.
2. Every fence shall be maintained in a condition of reasonable repair
and shall not be allowed to become and remain in a condition of
37
disrepair or danger, or constitute a nuisance, public or private. Any
such fence which is or has become dangerous to the public safety,
health or welfare is a public nuisance, and the City shall commence
proper proceedings for the abaternent thereof.
3. All posts or similar supporting instruments used in the construction
of fences shall be faced inward toward the property being fenced.
4. Except as specified in this subsection, barbed wire fences and
electric fences shall only be allowed in the A-1 and A-2 Districts
when related to the keeping of farm animals. On farms in other
districts, such fencing shall be allowed when related to farming, but
not including electric fences as boundary line fences when abutting
platted property.
5. All fences shall be provided with a gate which affords reasonable
and convenient access for public safety.
E. Grading and Drainage:
1. All fences shall not obstruct natural drainage.
2. Any modifications to the grade or drainage of a property in
conjunction with the construction of a fence shall be subject to
Section 20-16-5 of this Chapter.
F. Drainage and Utility Easements:
1. The fence and its design is subject to the approval of the City
Engineer.
2. The fence or a portion thereof may be removed at anytime -for the
purpose of utilizing the easement and such action shall be at the
property owner's expense.
3. The property owner shall execute an acknowledgement of the
easement encroachment that is to be recorded with the title of the
property.
G. Residential District Fences:
1. Except in the case of a side yard on a corner lot which abuts a
street, fences along side property lines shall not be more than six
38
(6) feet in height for the distance commencing from a point on such
side property line located along the rear lot line and proceeding
thence along such side property line to a point thereon which would
be intersected by the front wall line of the existing principal
structure on the lot.
2. Fences along or paralleling any rear property line which is also the
rear property line of an abutting lot shall not exceed six (6) feet in
height.
3. Except in the case of a side yard on a corner lot which abuts a
street, fences along a rear property line which line constitutes the
side lot line of an abutting lot shall not exceed six (6) feet in height.
4. The required screening provisions for residential districts shall
supersede, where applicable, the provisions of this Subsection.
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 20-19-4.G.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, 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 into a
39
11
required front yard and be no closer to the front lot
line than a point intersecting the front line of the
principal building.
(5) On lots where no bufferyard has been established
pursuant to Section 20-19-3.13 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, subject to the following standards:
(a) 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.
(b) 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.
(c) Deciduous trees shall be planted not more than
forty (40) feet apart. Evergreen trees shall be
planted not more than fifteen (15) feet apart.
C. All fences located within any required yard abutting a public
right-of-way shall maintain the traffic visibility requirements of
Section 20-16-94 of this Chapter.
Commercial and Industrial District Fences:
1. Fences extending across a required front yard or a required side
yard which abuts a street on a corner lot shall be at least seventy-
five (75) percent open for the passage of air and light and shall
maintain the traffic visibility requirements of Section 20-16-4 of this
Chapter.
2. Fences may be erected up to eight (8) feet in height. Fences in
excess of eight (8) feet shall require an interim use permit.
3. Construction:
a. Fences shall be constructed of nonwood maintenance free
materials such as vinyl, stone, brick, split face block,
4' 40
textured or architectural concrete panels, synthetic or
composite products, or similar materials as approved by the
zoning administrator.
b. Except for fences accessory to essential services, chainlink
fences within commercial districts shall be coated with
integral color vinyl and shall not include vinyl, plastic or metal
slats within the fence.
C. The location of gates across driveways accessing the site
shall be set back a sufficient distance so as not to cause
congestion in the public street.
d. Fences which are primarily erected as a security measure
may have arms projecting into the applicant's property on
which barbed wire can be fastened commencing at a point at
least seven (7) feet above the ground.
4. The screening provisions for commercial and industrial districts
shall supersede, where applicable, the provisions of this
Subsection.
I. Special Purpose Fences: Fences for special purposes and fences
differing in construction, height or length may be permitted by the City by
issuance of an interim use permit upon a finding by the City Council that
that the fence is necessary to protect, buffer or improve the premises for
which such fence is intended.
Section 4. Section 70 of the Zoning Ordinance (R -B, Residential -Business
District is hereby repealed in its entirety and reserved for future use.
Section 5. Section 75 of the Zoning Ordinance is hereby amended to read as
follows:
Section
20-75-1 Purpose
SECTION 75
B-1, TRANSITION BUSINESS DISTRICT
41
20-75-2 Permitted Uses
20-75-3 Interim Uses
20-75-4 Uses by Administrative Permit
20-75-5 Accessory Uses
20-75-6 Conditional Uses
20-75-7 Lot Requirements and Setbacks
20-75-8 Maximum Building Height
20-75-1: PURPOSE: The purpose of the B-1, Transition Business District is to
provide for the establishment of integrated neighborhood centers for
convenient, limited office, retail or service outlets which deal directly with
the customer for whom the goods or services are furnished. The B-1
District is to provide for a transition between residential and commercial
development.
20-75-2: PERMITTED USES: The following are permitted uses in a B-1 District:
A. Adult use - accessory.
B. Banks and other financial institutions.
C. Funeral homes and mortuaries.
D. Essential services other than transmission pipelines and transmission or
substation lines in excess of thirty three (33) kV and up to one hundred
(10 0) kV.
E. Government and utility buildings and structures, City of Otsego only.
F. Instructional classes.
G. Offices and medical offices.
H. On-site service businesses.
I. Parks, trails, play fields, playgrounds, and directly related buildings and
structures, City of Otsego only.
J. Personal wireless service antennas located on a public structure, as
regulated by Section 33 of this Chapter.
42
20-75-3: INTERIM USES: Subject to applicable provisions of this Chapter, the
following are interim uses in the B-1 District and are governed by Section
5 of this Chapter.
A. Farms, farmsteads, and farming.
20-75-4: USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions
of this Section, performance standards established by this Chapter, and
processing requirements of Section 20-8-2, the following are uses allowed
in a B-1 District by administrative permit as may be issued by the Zoning
Administrator.
A. Open or outdoor sales, rental or display as an accessory use in
association with an allowed principal use provided that:
1. The area so occupied shall not exceed ten (10) percent of the
principal building.
2. No storage or display of merchandise shall be permitted in required
rear, side or front yards and shall be limited to the area of the
customer entrances.
3. The outdoor sales, rental or display area shall be included in the
calculations for parking spaces required for the use and shall not
occupy space required for parking as stipulated by Section 21 of
this Chapter, except as may be exempted for cause by the Zoning
Administrator.
B. Temporary, outdoor promotional events and sales provided that:
1. Promotional Events.
a. Such activity is directed towards the general public and
includes grand openings, carnivals, craft shows, flea
markets, mechanical and animal rides and displays of
materials that are typically not sold or serviced on the site.
b. The event shall not exceed the period specified in the
administrative permit and in no case shall exceed three (3)
consecutive calendar days per event.
43
C. There shall be no more than two (2) promotional events per
calendar per year per property.
2. Outdoor Sales.
a. Such activity is directed towards the general public and
include warehouse sales, sidewalk sales, inventory reduction
or liquidation sales, distressed merchandise sales, seasonal
merchandise sales, and licensed transient merchant and
transient product merchant sales.
b. The following specific standards shall apply to all proposed
temporary outdoor sales activities allowed by this paragraph
and by City Code business licensing provisions in addition to
other applicable building and safety code requirements as
determined by the Zoning Administrator.
(1) The maximum total time for temporary outdoor sales
activities shall be the period specified in the
administrative permit and, in no case, shall exceed
sixty (60) days per calendar year per property.
(2) There shall be no more sales activities than those
specified in the administrative permit and, in no case,
shall there be more than ten (10) sales activities per
year per property.
(3) Sales activities may be conducted within a required
yard provided the area is paved and the activity does
not interfere with parking, traffic circulation or
emergency vehicle access. Temporary sales on
unpaved landscaped areas is prohibited.
C. General Standards
(1) The event shall be clearly accessory to or promoting
the permitted or conditional use approved for the site.
Only merchandise which is normally manufactured,
sold, or stocked by the occupant on the subject
premises on a regular or seasonal basis shall be sold
and/or promoted.
(2) Tents, stands, and other similar temporary structures
may be utilized, provided they are clearly identified on
the submitted plan and provided that it is determined
by the Zoning Administrator that they will not impair
the parking capacity, emergency access, or the safe
and efficient movement of pedestrian and vehicular
traffic on or off the site.
(3) The submitted plan shall clearly demonstrate that
adequate off-street parking for the proposed event
can and will be provided for the duration of the event.
Determination of compliance with this requirement
shall be made by the Zoning Administrator who shall
consider the nature of the event and the applicable
parking requirements of this Chapter. Consideration
shall be given to the parking needs and requirements
of other occupants in the case of multi -tenant
buildings. Parking on public right-of-way and streets
is prohibited; except that parking on local streets may
be allowed on Saturday and Sunday only, provided
that the petitioner arranges for traffic control by
authorized enforcement officers, as approved in
writing by the Zoning Administrator, at the petitioner's
expense.
(4) Signage related to the event shall be in compliance
with the temporary sign standards of this Chapter and
shall be allowed for the duration of the event. Special
signage for purposes of traffic direction and control
may be authorized by the Zoning Administrator; the
erection and removal of such signage shall be the
responsibility of the applicant.
(5) The approved permit shall be displayed on the
premises for the duration of the event.
20-75-5: ACCESSORY USES: The following are permitted uses in a B-1 District:
A. Commercial or business buildings and structures for a use accessory to
the principal use but such use shall not exceed thirty (30) percent of the
gross floor space of the principal use.
B. Off-street parking as regulated by Section 21 of this Chapter, but not
45
including semi -trailer trucks.
C. Off-street loading as regulated by Section 22 of this Chapter.
D. Radio and television receiving antennas including single satellite dish
TVROs three and one-half (3.5) meters or less in diameter, short-wave
radio dispatching antennas, or those necessary for the operation of
electronic equipment including radio receivers, federal licensed amateur
radio stations and television receivers, as regulated by Section 33 of this
Chapter.
20-75-6: CONDITIONAL USES: The following are conditional uses in a B-1 District
subject to the procedures set forth in and regulated by Section 4 of this
Chapter.
A. Day care facilities as regulated by Section 30 of this Chapter.
B. Essential Services: Essential services involving transmission pipelines and
transmission or substation lines in excess of thirty three (33) kV and up to
one hundred (100) W.
C. Fitness Centers: Fitness centers limited to two thousand (2,000) square
feet of gross floor area or less provided that:
1. The total number of stations shall not exceed one per one hundred
(100) square feet of gross floor area.
2. Hours of operation shall be limited to five o'clock (5:00) A.M. to ten
o'clock (10:00) P.M. unless otherwise allowed by the city council.
D. Governmental And Public Utility Buildings: Governmental and public utility
buildings and structures; other than City of Otsego.
E. Mixed Uses: Buildings combining residential and nonresidential uses
allowed in this district, provided that
1. The residential and nonresidential uses shall not conflict in any
manner.
2. The residential building standards as outlined in the R-7 District are
met.
46
F. Multiple -Family Dwellings: Multiple -family dwelling structures subject to
the requirements of the R-7 District.
G. Nursing homes, residential care facilities, continuing care retirement
communities and senior rousing with services establishments licensed by
the Minnesota department of health, provided that:
1. Side and rear yards shall be screened in compliance with Section
19 of this Chapter.
2. Only the rear yard shall be used for outdoor recreational areas and
said area shall be fenced and controlled and screened in
compliance with Section 19 of this Chapter.
3. The site shall be served by an arterial or major collector street of
sufficient capacity to accommodate traffic which will be generated
by the use.
4. The use of exterior building materials shall be as required for
buildings in the R-7 District.
5. All state statutes and rules governing such uses are strictly adhered
to and all required operating permits are secured.
H. Personal wireless service towers and antennas not located on a public
structure, as regulated by Section 33 of this Chapter.
O. Veterinary clinics provided that:
1. All areas in which animals are confined are located indoors and are
properly soundproofed from adjacent properties.
2. Animal carcasses are properly disposed of in a manner not utilizing
on site garbage facilities or incineration and the carcasses are
properly refrigerated during periods prior to disposal.
3. An animal kennel is permitted as a use accessory to the veterinary
clinic provided that:
a. An indoor exercise area shall be provided to accommodate
the periodic exercising of animals boarded at the kennel. No
outdoor exercising of animals shall be permitted.
47
b. A ventilation system shall be designed so that no odors or
organisms will spread between wards or to the outside air
and will be capable of completely exchanging internal air at a
rate of at least twice per hour. Air temperature must be
maintained between sixty degrees (60°) and seventy five
degrees Fahrenheit (750F).
C. A room separate from the kennel area shall be provided of
sufficient size to adequately separate animals that are sick
or injured from healthy animals.
d. Indoor animal kennel floors and walls shall be made of
nonporous materials or sealed concrete to make it
nonporous.
e. Animal wastes shall be flushed down an existing sanitary
sewer system or enclosed in a container of sufficient
construction to eliminate odors and organisms and shall be
properly disposed of at least once (1) per day.
f. All state health department and Minnesota pollution control
agency requirements for such facilities are met.
20-75-7: LOT REQUIREMENTS AND SETBACKS: The following minimum
requirements shall be observed in a B-1 District, subject to additional
requirements, exceptions and modifications set forth in this Chapter.
A. Lot Area: One (1) acre.
B. Lot Width: One Hundred twenty-five (125) feet
C. Maximum Lot Coverage:
1. Building and Structures: Thirty (30) percent
2. Impervious surfaces: Seventy (70) percent
D. Setbacks:
1. Front yards:
Setbacks Setbacks
48
From From Right -
Centerline of -Way Lines
65 feet 30 feet
Where a lot is located at the intersection of two (2) or more streets or
highways which bound two (2) or more sides of the lot, no building shall
project beyond the front yard line of either street.
2. Side yards: Ten (10) feet
3. Rear yards: Twenty-five (25) feet
20-75-8: MAXIMUM BUILDING HEIGHT:
A. Principal building: Thirty-five (35) feet
B. Accessory building: Per Section 20-18-21 of this Chapter.
Section 6. Section 76 of the Zoning Ordinance is hereby amended to read as
follows:
SECTION 76
B-2, HIGHWAY COMMERCIAL DISTRICT
Section
20-76-1
Purpose
20-76-2
Permitted Uses
20-76-3
Interim Uses
20-76-4
Uses by Administrative Permit
20-76-5
Accessory Uses
20-76-6
Conditional Uses
20-76-7
Lot Requirements and Setbacks
20-76-8
Maximum Building Height
20-76-1: PURPOSE: The purpose of the B-2, Highway Commercial District is to
provide for and limit the establishment of motor vehicle oriented or dependent high
Im
intensity commercial and service activities.
20-76-2: PERMITTED USES: The following are permitted uses in a B-2 District:
A. Adult uses, principal and accessory.
B. Banks and other financial institutions.
C. Brew on premises.
D. Brewpubs.
E. Commercial recreational uses, indoor only.
F. Essential services other than transmission pipelines and transmission or
substation lines in excess of thirty three (33) kV and up to one hundred
(10 0) W..
G. Fitness centers and health clubs.
H. Funeral homes and mortuaries.
I. Governmental and public related utility buildings and structures, City of
Otsego only.
J. Hotels.
K. Instructional classes.
L. On-site and off-site service businesses.
M. Office and medical offices.
N. Pawnshops.
O. Parks, trails, play fields, playgrounds, and directly related buildings and
structures, City of Otsego only.
P. Private clubs or lodges serving food and beverages.
Q. Personal wireless service antennas located on a public structure, as
regulated by Section 33 of this Chapter.
50
R. Retail sales.
S. Restaurants (not convenience type), cafes.
T. Tattoo parlors.
20-76-3: INTERIM USES: Subject to applicable provisions of this Chapter, the
following are interim uses in the B-2 District and are governed by Section
5 of this Chapter.
A. Farms, farmsteads, and farming.
20-76-4: USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions
of this Section, performance standards established by this Chapter, and
processing requirements of Section 20--2, the following are uses allowed
in a B-2 District by administrative permit as may be issued by the Zoning
Administrator.
A. Open or outdoor sales, rental or display as an accessory use in
association with an allowed principal use provided that:
1. The area so occupied shall not exceed ten (10) percent of the
principal building.
2. No storage or display of merchandise shall be permitted in required
rear, side or front yards and shall be limited to the area of the
customer entrances.
3. The outdoor sales, rental or display area shall be included in the
calculations for parking spaces required for the use and shall not
occupy space required for parking as stipulated by Section 21 of
this Chapter, except as may be exempted for cause by the Zoning
Administrator.
B. Temporary, outdoor promotional events and sales provided that:
1. Promotional Events.
a. Such activity is directed towards the general public and
includes grand openings, carnivals, craft shows, flea
EE 51
markets, mechanical and animal rides and displays of
materials that are typically not sold or serviced on the site.
b. The event shall not exceed the period specified in the
administrative permit and in no case shall exceed three (3)
consecutive calendar days per event.
C. There shall be no more than two (2) promotional events per
calendar per year per property.
2. Outdoor Sales.
a. Such activity is directed towards the general public and
include warehouse sales, sidewalk sales, inventory reduction
or liquidation sales, distressed merchandise sales, seasonal
merchandise sales, and licensed transient merchant and
transient product merchant sales.
b. The following specific standards shall apply to all proposed
temporary outdoor sales activities allowed by this paragraph
and by City Code business licensing provisions in addition to
other applicable building and safety code requirements as
determined by the Zoning Administrator.
(1) The maximum total time for temporary outdoor sales
activities shall be the period specified in the
administrative permit and, in no case, shall exceed
sixty (60) days per calendar year per property.
(2) There shall be no more sales activities than those
specified in the administrative permit and, in no case,
shall there be more than ten (10) sales activities per
year per property.
(3) Sales activities may be conducted within a required
yard provided the area is paved and the activity does
not interfere with parking, traffic circulation or
emergency vehicle access. Temporary sales on
unpaved landscaped areas is prohibited.
C. General Standards
(1) The event shall be clearly accessory to or promoting
52
the permitted or conditional use approved for the site.
Only merchandise which is normally manufactured,
sold, or stocked by the occupant on the subject
premises on a regular or seasonal basis shall be sold
and/or promoted.
(2) Tents, stands, and other similar temporary structures
may be utilized, provided they are clearly identified on
the submitted plan and provided that it is determined
by the Zoning Administrator that they will not impair
the parking capacity, emergency access, or the safe
and efficient movement of pedestrian and vehicular
traffic on or off the site.
(3) The submitted plan shall clearly demonstrate that
adequate off-street parking for the proposed event
can and will be provided for the duration of the event.
Determination of compliance with this requirement
shall be made by the Zoning Administrator who shall
consider the nature of the event and the applicable
parking requirements of this Chapter. Consideration
shall be given to the parking needs and requirements
of other occupants in the case of multi -tenant
buildings. Parking on public right-of-way and streets
is prohibited; except that parking on local streets may
be allowed on Saturday and Sunday only, provided
that the petitioner arranges for traffic control by
authorized enforcement officers, as approved in
writing by the Zoning Administrator, at the petitioner's
expense.
(4) Signage related to the event shall be in compliance
with the temporary sign standards of this Chapter and
shall be allowed for the duration of the event. Special
signage for purposes of traffic direction and control
may be authorized by the Zoning Administrator; the
erection and removal of such signage shall be the
responsibility of the applicant.
(5) The approved permit shall be displayed on the
premises for the duration of the event.
53
20-76-5: ACCESSORY USES: The following are permitted uses in a B-2 District:
A. Commercial or business buildings and structures for a use accessory to
the principal use but such use shall riot exceed thirty (30) percent of the
gross floor space of the principal use.
B. Off-street parking as regulated by Section 21 of this Chapter.
C. Off-street loading as regulated by Section 22 of this Chapter.
D. Radio and television receiving antennas including single satellite dish
TVROs three and one-half (3.5) meters or less in diameter, short-wave
radio dispatching antennas, or those necessary for the operation of
electronic equipment including radio receivers, federal licensed amateur
radio stations and television receivers, as regulated by Section 33 of this
Chapter.
20-76-6: CONDITIONAL USES: The following are conditional uses in a B-2 District
subject to the procedures set forth in and regulated by Section 4 of this
Chapter.
A. Convenience food restaurants, provided that:
1. 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 within a reasonable
distance of the lot.
2. At the boundaries of a residential district, a strip of not less than five
(5) feet shall be landscaped and screened in compliance with
Section 16 of this Chapter.
3. Each light standard island and all islands in the parking lot
landscaped or covered.
4. Parking areas shall be screened from view of abutting residential
districts in compliance with Section 16 of this Chapter.
5. Parking areas and driveways shall be curbed with continuous curbs
not less than six (6) inches high above the parking lot or driveway
grade.
54
6.
Vehicular access points shall be limited, shall create a minimum of
conflict with through traffic movements, shall comply with Section
21 of this Chapter and shall be subject to the approval of the City
Engineer.
7.
All lighting shall be hooded and so directed that the light source is
not visible from the public right-of-way or from an abutting
residence and shall be in compliance with Section 16 of this
Chapter.
8.
The entire area shall have a drainage system which is subject to
the approval of the City Engineer.
9.
The entire area other than occupied by buildings or structures or
plantings shall be surfaced with blacktop or concrete which is
subject to the approval of the City Engineer.
10.
All signing and informational or visual communication devices shall
be in compliance with the provisions of Section 37 of this Chapter.
B. Commercial drive-through, mechanical and/or self-service car washes,
provided
that:
1.
The architectural appearance and functional plan of the building
and site shall not be so dissimilar to the existing buildings or areas
as to cause impairment in property values or constitute a blighting
influence.
2. Magazining or stacking space is constructed to accommodate an
appropriate number of vehicles and shall be subject to the approval
of the City Council.
3. At the boundaries of a residential district, a strip of not less than five
(5) feet shall be landscaped and screened in compliance with
Section 4619 of this Chapter.
4. Each light standard island and all islands in the parking lot
landscaped or covered.
5. Parking or car magazine storage space shall be screened from
view of abutting residential districts in compliance with Section
419 of this Chapter.
55
6. The entire area other than occupied by the building or planting shall
be surfaced with blacktop or concrete which will control dust and
drainage which is subject to the approval of the City Engineer.
7. The entire area shall have a drainage system which is subject to
the approval of the City Engineer.
8. All lighting shall be hooded and so directed that the light source is
not visible from the public right-of-way or from an abutting
residence and shall be in compliance with Section 16 of this
Chapter.
9. Vehicular access points shall be limited, shall create a minimum of
conflict with through traffic movement and shall be subject to the
approval of the City Engineer.
10. All signing and informational or visual communication devices shall
be in compliance with the provisions of Section 37 of this Chapter.
11. Provisions are made to control and reduce noise in accordance
with Section 16 of this Chapter.
C. Convenience gasoline sales with grocery and/or food operations, provided
that:
1. Convenience/deli food is of the take-out type only.
2. Outside sales and service shall be allowed on a limited basis,
provided that:
a. Site Plan. Areas for outdoor sales and services shall be
clearly indicated on the site plan and reviewed at the time of
application for a conditional use permit. No outdoor sales or
services shall be allowed outside of those areas so
designated on the approved site plan without approval of an
amended conditional use permit.
b. Location. Outdoor sales and services shall be located
adjacent to the principal building upon a concrete or asphalt
surface behind a raised six (6) inch curb, on the raised pump
islands or otherwise segregated from vehicle circulation
under the canopy and shall not encroach into any required
principal building setback, required parking stall, drive aisle,
56
or minimum five (5) foot wide pedestrian sidewalk adjacent
to the principal building where head -in parking is provided or
otherwise impede vehicle and pedestrian circulation, except
as provided for by Section 20-76-6.C.2.d of this Chapter.
C. Outdoor Sales:
(1) Area. The area devoted to outdoor sales shall not
exceed ten (10) percent of the gross floor area of the
principal building or two hundred (200) square feet,
whichever is less.
(2) Height. The height of sales displays not abutting the
principal building or located between the fuel pumps
under the canopy shall not exceed three (3) feet in
height as measured from the grade of the adjacent
drive aisle to the top of the display. All other outdoor
sales displays shall not exceed five (5) feet in height
measured from grade to the top of the display.
(3) Required Parking. The outdoor sales area shall be
included in the calculations for parking spaces
required for the use by Section 21 of this Chapter.
d. Outdoor services shall be limited to the following uses:
(1) Public phones may encroach into a required yard as
long as they do not interrupt on-site traffic circulation,
do not occupy required parking stalls, and are not
located in a yard abutting residentially zoned property.
(2) Propane sales limited to twenty (20) pound capacity
tanks may be located outside provided the propane
tanks are secured in a locker and meets all State
Uniform Building and Fire Codes.
(3) A compressed air service or automobile vacuum
areas may be located on-site provided they meet all
principal building setbacks and do not interrupt on-site
traffic circulation and do not occupy required parking
stalls.
(4) Freezers for ice products may only be located at the
57
front of the building subject to the area and location
requirernents of Section 20-76-6.C.2.b and 20-76-
6.C.2.c of this Chapter, or shall be located in a side or
rear yard and fully screened from view from adjacent
properties as the public right-of-way with materials
consistent with the principal building.
3. The hours of operation shall be limited to 6:00 AM to 12:00 PM,
unless extended by the City Council.
4 Motor fuel activities shall be installed in accordance with State and
City standards. Additionally, adequate space shall be provided to
access gas pumps and allow maneuverability around the pumps.
Underground fuel storage tanks are to be positioned to allow
adequate access by motor fuel transports and unloading operations
do not conflict with circulation, access and other activities on the
site. Fuel pumps shall be installed on pump islands.
5. A protective canopy located over pump island may be an accessory
structure on the property and may be located twenty (20) feet or
more from the front lot line, provided adequate visibility both on and
off site is maintained.
6. The architectural appearance and functional plan of the building
and site shall not be so dissimilar to the existing buildings or area
as to cause a blighting influence within a reasonable distance of the
lot. All sides of the principal and accessory structures are to have
essentially the same or a coordinated, harmonious finish treatment.
7. The entire site other than that taken up by a building, structure or
plantings shall be surfaced with blacktop or concrete to control dust
and drainage which is subject to the approval of the City Engineer.
8. At the boundaries of the lot, a strip of not less than five (5) feet shall
be landscaped and screened in compliance with Section 19 of this
Chapter.
9. Each light standard base shall be landscaped.
10. Vehicular access points
through traffic movement,
the City.
58
shall create a minimum of conflict with
and shall be subject to the approval of
11. An internal site pedestrian circulation system shall be defined and
appropriate provisions made to protect such areas from
encroachments by parked cars or moving vehicles.
12, An enclosed screened area is to be provided for rubbish and
dumpsters.
D. Day care facilities as regulated by Section 30 of this Chapter.
E. Essential services involving transmission pipelines and transmission or
substation lines in excess of thirty three (33) kV and up to one hundred
(100) kV.
F. Governmental and public utility buildings and structures; other than City of
Otsego.
G. Micro -distilleries with tasting rooms.
H. Minor auto repair and tire stores, provided that:
1. Provisions are made to control and reduce noise in accordance
with Section 16 of this Chapter.
2. No outside storage, sales, service, or rental shall be permitted.
I. Motor vehicle sales, leasing, and rental including new and used
automobiles, light trucks, recreational vehicles and equipment,
motorcycles, boats and marine equipment, provided that:
1. An enclosed building that complies with the following standards
shall be constructed:
Lot Size
Minimum
Lot Coverage by
Buildings'
Minimum
Building
Size'
Less than 2.00ac.
10%
2,500 sf.
2.01ac. to 4.00ac.
10%
10,000 sf.
4.01 ac. and larger
20%
40,000 sf.
Whichever results in a larger building.
2. The architectural appearance and functional plan of the building
59
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 4-619 of this
Chapter.
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 19
of this Chapter.
11.
Hours of operation shall be limited to 8:00 AM to 10:00 PM unless
otherwise approved by the City Council.
J. Micro -distilleries with tasting rooms.
K. Small breweries with tap rooms.
60
L. Theaters and other places of assembly, provided that:
The site shall be served by an arterial or major collector street of
sufficient capacity to accommodate traffic which will be generated
by the use.
M Veterinary clinics and animal kennels, provided that:
1. All areas in which animals are confined are located indoors and are
properly soundproofed from adjacent properties.
2. Animal carcasses are properly disposed of in a manner not utilizing
on site garbage facilities or incineration and the carcasses are
properly refrigerated during periods prior to disposal.
3. An animal kennel is permitted as a use accessory to the veterinary
clinic provided that:
a. An indoor exercise area shall be provided to accommodate
the periodic exercising of animals boarded at the kennel. No
outdoor exercising of animals shall be permitted.
b. A ventilation system shall be designed so that no odors or
organisms will spread between wards or to the outside air
and will be capable of completely exchanging internal air at a
rate of at least twice per hour. Air temperature must be
maintained between sixty degrees (600) and seventy five
degrees Fahrenheit (750F).
C. A room separate from the kennel area shall be provided of
sufficient size to adequately separate animals that are sick
or injured from healthy animals.
d. Indoor animal kennel floors and walls shall be made of
nonporous materials or sealed concrete to make it
nonporous.
e. Animal wastes shall be flushed down an existing sanitary
sewer system or enclosed in a container of sufficient
construction to eliminate odors and organisms and shall be
properly disposed of at least once (1) per day.
61
f. All state health department and Minnesota pollution control
agency requirements for such facilities are met.
20-76-7: LOT REQUIREMENTS AND SETBACKS: The following minimum
requirements shall be observed in a B-2 District, subject to additional
requirements, exceptions and modifications set forth in this Chapter.
A. Lot Area: One (1) acre.
B. Lot Width: Two hundred (200) feet
C. Setbacks:
1. Front yards:
Setbacks Setbacks
From From Right -
Centerline of -Way Lines
65 feet 30 feet
Where a lot is located at the intersection of two (2) or more streets or
highways which bound two (2) or more sides of the lot, no building shall
project beyond the front yard line of either street.
2. Side yards:
a. Ten (10) feet, unless
b. If abutting a Residential District: Thirty-five (35) feet.
3. Rear yards:
a. Twenty (20) feet, unless
b. If abutting a residential district: Thirty-five (35) feet.
20-76-8: MAXIMUM BUILDING HEIGHT:
A. Principal building: Thirty-five (35) feet
f,
'° 62
B. Accessory building: Per Section 20-18-21 of this Chapter.
Section 7. Section 77 of the Zoning Ordinance is hereby amended to read as
follows:
SECTION 77
B-3, GENERAL BUSINESS DISTRICT
Section
20-77-1
Purpose
20-77-2
Permitted Uses
20-77-3
Interim Uses
20-77-4
Uses by Administrative Permit
20-77-5
Accessory Uses
20-77-6
Conditional Uses
20-77-7
Lot Requirements and Setbacks
20-77-8
Maximum Building Height
20-77-1: PURPOSE: The purpose of the B-3 District is to provide specifically for
the regulation of high intensity commercial uses located within the Central
Business District of the City and other intense commercial areas of the
City.
20-77-2: PERMITTED USES: The following are permitted uses in a B-3 District:
A. Adult uses, principal and accessory.
B. Banks and other financial institutions.
C. Brew on premises.
D. Brewpubs.
E. Commercial recreational uses, indoor only.
F. Essential services other than transmission pipelines and transmission or
substation lines in excess of thirty three (33) kV and up to one hundred
63
(100) W..
G. Fitness centers and health clubs.
H. Funeral homes and mortuaries.
I. Governmental and public related utility buildings and structures, City of
Otsego only.
J. Hotels.
K. Instructional classes.
L. On-site and off-site service businesses.
M. Office and medical offices.
N. Parks, trails, play fields, playgrounds, and directly related buildings and
structures, City of Otsego only.
O. Pawnshops.
P. Private clubs or lodges serving food and beverages.
Q. Personal wireless service antennas located on a public structure, as
regulated by Section 33 of this Chapter.
R. Retail sales.
S. Restaurants not convenience type, cafes.
T. Tattoo parlors.
20-77-3: INTERIM USES: Subject to applicable provisions of this Chapter, the
following are interim uses in the B-3 District and are governed by Section
5 of this Chapter.
A. Farms, farmsteads, and farming.
20-77-4: USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions
of this Section, performance standards established by this Chapter, and
processing requirements of Section 2.0--8-2, the following are uses allowed
in a B-3 District by administrative permit as may be issued by the Zoning
Administrator.
A. Open or outdoor sales, rental or display as an accessory use in
association with an allowed principal use provided that:
1. The area so occupied shall not exceed ten (10) percent of the
principal building.
2. No storage or display of merchandise shall be permitted in required
rear, side or front yards and shall be limited to the area of the
customer entrances.
3. The outdoor sales, rental or display area shall be included in the
calculations for parking spaces required for the use and shall not
occupy space required for parking as stipulated by Section 21 of
this Chapter, except as may be exempted for cause by the Zoning
Administrator.
B. Temporary, outdoor promotional events and sales provided that:
1. Promotional Events.
a. Such activity is directed towards the general public and
includes grand openings, carnivals, craft shows, flea
markets, mechanical and animal rides and displays of
materials that are typically not sold or serviced on the site.
b. The event shall not exceed the period specified in the
administrative permit and in no case shall exceed three (3)
consecutive calendar days per event.
C. There shall be no more than two (2) promotional events per
calendar per year per property.
2. Outdoor Sales.
a. Such activity is directed towards the general public and
include warehouse sales, sidewalk sales, inventory reduction
or liquidation sales, distressed merchandise sales, seasonal
merchandise sales, and licensed transient merchant and
transient product merchant sales.
65
b. The following specific standards shall apply to all proposed
temporary outdoor sales activities allowed by this paragraph
and by City Code business licensing provisions in addition to
other applicable building and safety code requirements as
determined by the Zoning Administrator.
(1) The maximum total time for temporary outdoor sales
activities shall be the period specified in the
administrative permit and, in no case, shall exceed
sixty (60) days per calendar year per property.
(2) There shall be no more sales activities than those
specified in the administrative permit and, in no case,
shall there be more than ten (10) sales activities per
year per property.
(3) Sales activities may be conducted within a required
yard provided the area is paved and the activity does
not interfere with parking, traffic circulation or
emergency vehicle access. Temporary sales on
unpaved landscaped areas is prohibited.
C. General Standards
(1) The event shall be clearly accessory to or promoting
the permitted or conditional use approved for the site.
Only merchandise which is normally manufactured,
sold, or stocked by the occupant on the subject
premises on a regular or seasonal basis shall be sold
and/or promoted.
(2) Tents, stands, and other similar temporary structures
may be utilized, provided they are clearly identified on
the submitted plan and provided that it is determined
by the Zoning Administrator that they will not impair
the parking capacity, emergency access, or the safe
and efficient movement of pedestrian and vehicular
traffic on or off the site.
(3) The submitted plan shall clearly demonstrate that
adequate off-street parking for the proposed event
can and will be provided for the duration of the event.
f
66
Determination of compliance with this requirement
shall be made by the Zoning Administrator who shall
consider the nature of the event and the applicable
parking requirements of this Chapter. Consideration
shall be given to the parking needs and requirements
of other occupants in the case of multi -tenant
buildings. Parking on public right-of-way and streets
is prohibited; except that parking on local streets may
be allowed on Saturday and Sunday only, provided
that the petitioner arranges for traffic control by
authorized enforcement officers, as approved in
writing by the Zoning Administrator, at the petitioner's
expense.
(4) Signage related to the event shall be in compliance
with the temporary sign standards of this Chapter and
shall be allowed for the duration of the event. Special
signage for purposes of traffic direction and control
may be authorized by the Zoning Administrator; the
erection and removal of such signage shall be the
responsibility of the applicant.
(5) The approved permit shall be displayed on the
premises for the duration of the event.
20-77-5: ACCESSORY USES: The following are permitted uses in a B-3 District:
A. Commercial or business buildings and structures for a use accessory to
the principal use but such use shall not exceed thirty (30) percent of the
gross floor space of the principal use.
B. Off-street parking as regulated by Section 21 of this Chapter.
C. Off-street loading as regulated by Section 22 of this Chapter.
D. Radio and television receiving antennas including single satellite dish
TVROs three and one-half (3.5) meters or less in diameter, short-wave
radio dispatching antennas, or those necessary for the operation of
electronic equipment including radio receivers, federal licensed amateur
radio stations and television receivers, as regulated by Section 33 of this
Chapter.
ti 67
20-77-6: CONDITIONAL USES: The following are conditional uses in a Q-3 District
subject to the procedures set forth in and regulated by Section 4 of this
Chapter.
A. Convenience food restaurants, provided that:
1. 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 within a reasonable
distance of the lot.
2. At the boundaries of a residential district, a strip of not less than five
(5) feet shall be landscaped and screened in compliance with
Section 19 of this Chapter.
3. Each light standard island and all islands in the parking lot
landscaped or covered.
4. Parking areas shall be screened from view of abutting residential
districts in compliance with Section 16 of this Chapter.
5. Parking areas and driveways shall be curbed with continuous curbs
not less than six (6) inches high above the parking lot or driveway
grade.
6. Vehicular access points shall be limited, shall create a minimum of
conflict with through traffic movements, shall comply with Section
21 of this Chapter and shall be subject to the approval of the City
Engineer.
7. All lighting shall be hooded and so directed that the light source is
not visible from the public right-of-way or from an abutting
residence and shall be in compliance with Section 16 of this
Chapter.
8. The entire area shall have a drainage system which is subject to
the approval of the City Engineer.
9. The entire area other than occupied by buildings or structures or
plantings shall be surfaced with blacktop or concrete which is
subject to the approval of the City Engineer.
.:
10. All signing and informational or visual communication devices shall
be in compliance with the provisions of Section 37 of this Chapter.
B. Commercial drive-through, mechanical and/or self-service car washes,
provided that:
1. The architectural appearance and functional plan of the building
and site shall not be so dissimilar to the existing buildings or areas
as to cause impairment in property values or constitute a blighting
influence.
2. Magazine or stacking space is constructed to accommodate an
appropriate number of vehicles and shall be subject to the approval
of the City Council.
3. At the boundaries of a residential district, a strip of not less than five
(5) feet shall be landscaped and screened in compliance with
Section 19 of this Chapter.
4. Each light standard island and all islands in the parking lot
landscaped or covered.
5. Parking or car magazine storage space shall be screened from
view of abutting residential districts in compliance with Section 19
of this Chapter.
6. The entire area other than occupied by the building or planting shall
be surfaced with blacktop or concrete which will control dust and
drainage which is subject to the approval of the City Engineer.
7. The entire area shall have a drainage system which is subject to
the approval of the City Engineer.
8. All lighting shall be hooded and so directed that the light source is
not visible from the public right-of-way or from an abutting
residence and shall be in compliance with Section 16 of this
Chapter.
9. Vehicular access points shall be limited, shall create a minimum of
conflict with through traffic movement and shall be subject to the
approval of the City Engineer.
10. All signing and informational or visual communication devices shall
69
be in compliance with the provisions of Section 37 of this Chapter.
11. Provisions are made to control and reduce noise in accordance
with Section 16 of this Chapter.
C. Convenience gasoline sales with grocery and/or food operations, provided
that:
1. Convenience/deli food is of the take-out type only
2. Outside sales and service shall be allowed on a limited basis,
provided that:
a. Site Plan. Areas for outdoor sales and services shall be
clearly indicated on the site plan and reviewed at the time of
application for a conditional use permit. No outdoor sales or
services shall be allowed outside of those areas so
designated on the approved site plan without approval of an
amended conditional use permit.
b. Location. Outdoor sales and services shall be located
adjacent to the principal building upon a concrete or asphalt
surface behind a raised six (6) inch curb, on the raised pump
islands or otherwise segregated from vehicle circulation
under the canopy and shall not encroach into any required
principal building setback, required parking stall, drive aisle,
or minimum five (5) foot wide pedestrian sidewalk adjacent
to the principal building where head -in parking is provided or
otherwise impede vehicle and pedestrian circulation, except
as provided for by Section 20-77-6.C.2.d of this Chapter.
C. Outdoor Sales:
(1) Area. The area devoted to outdoor sales shall not
exceed ten (10) percent of the gross floor area of the
principal building or two hundred (200) square feet,
whichever is less.
(2) Height. The height of sales displays not abutting the
principal building or located between the fuel pumps
under the canopy shall not exceed three (3) feet in
height as measured from the grade of the adjacent
drive aisle to the top of the display. All other outdoor
70
sales displays shall not exceed five (5) feet in height
measured from grade to the top of the display.
(3) Required Parking. The outdoor sales area shall be
included in the calculations for parking spaces
required for the use by Section 21 of this Chapter.
d. Outdoor services shall be limited to the following uses:
(1) Public phones may encroach into a required yard as
long as they do not interrupt on-site traffic circulation,
do not occupy required parking stalls, and are not
located in a yard abutting residentially zoned property.
(2) Propane sales limited to twenty (20) pound capacity
tanks may be located outside provided the propane
tanks are secured in a locker and meets all State
Uniform Building and Fire Codes.
(3) A compressed air service or automobile vacuum
areas may be located on-site provided they meet all
principal building setbacks and do not interrupt on-site
traffic circulation and do not occupy required parking
stalls.
(4) Freezers for ice products may only be located at the
front of the building subject to the area and location
requirements of Section 20-77-6.C.2.b and 20-77-
6.C.2.c of this Chapter, or shall be located in a side or
rear yard and fully screened from view from adjacent
properties as the public right-of-way with materials
consistent with the principal building.
3. The hours of operation shall be limited to 6:00 AM to 12:00 PM,
unless extended by the City Council
4 Motor fuel activities shall be installed in accordance with State and
City standards. Additionally, adequate space shall be provided to
access gas pumps and allow maneuverability around the pumps.
Underground fuel storage tanks are to be positioned to allow
adequate access by motor fuel transports and unloading operations
do not conflict with circulation, access and other activities on the
site. Fuel pumps shall be installed on pump islands.
71
5. A protective canopy located over pump island may be an accessory
structure on the property and may be located twenty (20) feet or
more from the front lot line, provided adequate visibility both on and
off site is maintained.
6. The architectural appearance and functional plan of the building
and site shall not be so dissimilar to the existing buildings or area
as to constitute a blighting influence within a reasonable distance of
the lot. All sides of the principal and accessory structures are to
have essentially the same or a coordinated, harmonious finish
treatment.
7. The entire site other than that taken up by a building, structure or
plantings shall be surfaced with blacktop or concrete to control dust
and drainage which is subject to the approval of the City Engineer.
8. At the boundaries of the lot, a strip of not less than five (5) feet shall
be landscaped and screened in compliance with Section 19 of this
Chapter.
9. Each light standard base shall be landscaped.
10. Vehicular access points shall create a minimum of conflict with
through traffic movement, and shall be subject to the approval of
the City.
11. An internal site pedestrian circulation system shall be defined and
appropriate provisions made to protect such areas from
encroachments by parked cars or moving vehicles.
12. An enclosed screened area is to be provided for rubbish and
dumpsters.
D. Day care facilities as regulated by Section 30 of this Chapter.
E. Essential services involving transmission pipelines and transmission or
substation lines in excess of thirty three (33) kV and up to one hundred
(100) kV.
F. Governmental and public utility buildings and structures; other than City of
Otsego.
72
G. Micro -distilleries with tasting rooms.
H. Minor auto repair and tire stores, provided that:
1. Provisions are made to control and reduce noise in accordance
with Section 16 of this Chapter.
2. No outside storage, sales, service, or rental shall be permitted.
Personal wireless service towers and antennas not located on a public
structure, as regulated by Section 33 of this Chapter.
H. Veterinary clinics and animal kennels, provided that:
1. All areas in which animals are confined are located indoors and are
properly soundproofed from adjacent properties.
2. Animal carcasses are properly disposed of in a manner not utilizing
on site garbage facilities or incineration and the carcasses are
properly refrigerated during periods prior to disposal.
3. An animal kennel is permitted as a use accessory to the veterinary
clinic provided that:
a. An indoor exercise area shall be provided to accommodate
the periodic exercising of animals boarded at the kennel. No
outdoor exercising of animals shall be permitted.
b. A ventilation system shall be designed so that no odors or
organisms will spread between wards or to the outside air
and will be capable of completely exchanging internal air at a
rate of at least twice per hour. Air temperature must be
maintained between sixty degrees (600) and seventy five
degrees Fahrenheit (750F).
C. A room separate from the kennel area shall be provided of
sufficient size to adequately separate animals that are sick
or injured from healthy animals.
d. Indoor animal kennel floors and walls shall be made of
nonporous materials or sealed concrete to make it
nonporous.
73
e. Animal wastes shall be flushed down an existing sanitary
sewer system or enclosed in a container of sufficient
construction to eliminate odors and organisms and shall be
properly disposed of at least once (1) per day.
f. All state health department and Minnesota pollution control
agency requirements for such facilities are met.
20-77-7: LOT REQUIREMENTS AND SETBACKS: The following minimum
requirements shall be observed in a B-3 District, subject to additional
requirements, exceptions and modifications set forth in this Chapter.
A. Lot Area: One (1) acre.
B. Lot Width: Two hundred (200) feet
C. Setbacks:
1. Front yard:
Setbacks Setbacks
From From Right -
Centerline of -Way Lines
65 feet 30 feet
Where a lot is located at the intersection of two (2) or more streets or
highways which bound two (2) or more sides of the lot, no building shall
project beyond the front yard line of either street.
2. Side yards: Ten (10) feet, unless if abutting a Residential District:
Thirty-five (35) feet.
3. Rear yards: Twenty (20) feet, unless if abutting a residential
district: Thirty-five (35) feet.
20-77-8: MAXIMUM BUILDING HEIGHT:
A. Principal building: Thirty-five (35) feet
B. Accessory building: Per Section 20-18-21 of this Chapter.
74
Section 8. Section 78 of the Zoning Ordinance is hereby amended to read as
follows:
SECTION 78
B-4, BUSINESS OFFICE DISTRICT
Section
20-78-1 Purpose
20-78-2 Permitted Uses
20-78-3 Interim Uses
20-78-4 Uses by Administrative Permit
20-78-5 Accessory Uses
20-78-6 Conditional Uses
20-78-7 Lot Requirements and Setbacks
20-78-8 Maximum Lot Coverage
20-79-9 Maximum Building Height
20-78-1: PURPOSE: The purpose of the B-4, Business Office District is to provide
for the establishment of business offices, wholesale showrooms, and
related uses in an environment which provides a high level of amenities,
including landscaping, preservation of natural features, architectural
controls, pedestrian trails, and other features. -
20-78-2: PERMITTED USES: Subject to applicable provisions of this Chapter, the
following are permitted uses in a B-4 District:
A. Adult education, trade, vocational and other public or private
postsecondary education schools.
B. Commercial printing establishments.
C. Conference centers.
D. Data centers.
E. Essential services other than transmission pipelines and transmission or
substation lines in excess of thirty three (33) kV and up to one hundred
(10 0) W.
75
F. Fitness centers and health clubs.
G. Governmental and public utility buildings and structures, City of Otsego
only.
H. Indoor commercial recreation.
I. Laboratories, research and development facilities.
J. Micro -distilleries with or without tasting rooms.
K. Offices and medical offices.
L. Parks, trails, play fields, playgrounds, and directly related buildings and
structures, City of Otsego only.
M. Personal wireless service antennas located on a public structure, as
regulated by Section 33 of this Chapter.
N. Radio and television stations.
O. Small Breweries with or without Tap Rooms.
P. Wholesale showrooms.
20-78-3: INTERIM USES: Subject to applicable provisions of this Chapter, the
following are interim uses in the B-4 District and are governed by Section
5 of this Chapter.
A. Farms, farmsteads, and farming.
20-78-4: USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions
of this Section, performance standards established by this Chapter, and
processing requirements of Section 20-8-2, the following are uses allowed
in a B-4 District by administrative permit as may be issued by the Zoning
Administrator.
A. Temporary outdoor promotional events and sales provided that:
1. Promotional Events.
76
a. Such activity is directed towards the general public and
includes grand openings, carnivals, craft shows, flea
markets, mechanical and animal rides and displays of
materials that are typically not sold or serviced on the site.
b. The event shall not exceed the period specified in the
administrative permit and in no case shall exceed three (3)
consecutive calendar days per event.
C. There shall be no more than two (2) promotional events per
calendar per year per property.
2. Outdoor Sales.
a. Such activity is directed towards the general public and
include warehouse sales, sidewalk sales, inventory reduction
or liquidation sales, distressed merchandise sales, seasonal
merchandise sales, and licensed transient merchant and
transient product merchant sales.
b. The following specific standards shall apply to all proposed
temporary outdoor sales activities allowed by this paragraph
and by City Code business licensing provisions in addition to
other applicable building and safety code requirements as
determined by the Zoning Administrator.
(1) The maximum total time for temporary outdoor sales
activities shall be the period specified in the
administrative permit and, in no case, shall exceed
sixty (60) days per calendar year per property.
(2) There shall be no more sales activities than those
specified in the administrative permit and, in no case,
shall there be more than ten (10) sales activities per
year per property.
(3) Sales activities may be conducted within a required
yard provided the area is paved and the activity does
not interfere with parking, traffic circulation or
emergency vehicle access. Temporary sales on
unpaved landscaped areas is prohibited.
f,
77
C. General Standards
(1) The event shall be clearly accessory to or promoting
the permitted or conditional use approved for the site.
Only merchandise which is normally manufactured,
sold, or stocked by the occupant on the subject
premises on a regular or seasonal basis shall be sold
and/or promoted.
(2) Tents, stands, and other similar temporary structures
may be utilized, provided they are clearly identified on
the submitted plan and provided that it is determined
by the Zoning Administrator that they will not impair
the parking capacity, emergency access, or the safe
and efficient movement of pedestrian and vehicular
traffic on or off the site.
(3) The submitted plan shall clearly demonstrate that
adequate off-street parking for the proposed event
can and will be provided for the duration of the event.
Determination of compliance with this requirement
shall be made by the Zoning Administrator who shall
consider the nature of the event and the applicable
parking requirements of this Chapter. Consideration
shall be given to the parking needs and requirements
of other occupants in the case of multi -tenant
buildings. Parking on public right-of-way and streets
is prohibited; except that parking on local streets may
be allowed on Saturday and Sunday only, provided
that the petitioner arranges for traffic control by
authorized enforcement officers, as approved in
writing by the Zoning Administrator, at the petitioner's
expense.
(4) Signage related to the event shall be in compliance
with the temporary sign standards of this Chapter and
shall be allowed for the duration of the event. Special
signage for purposes of traffic direction and control
may be authorized by the Zoning Administrator; the
erection and removal of such signage shall be the
responsibility of the applicant.
(5) The approved permit shall be displayed on the
78
premises for the duration of the event.
B. Indoor limited retail sales accessory to allowed uses provided that;
1. Location.
a. All sales are conducted in a clearly defined area of the
principal building reserved exclusively for retail sales. Said
sales area must be physically segregated from other
principal activities in the building.
b. The retail sales area must be located on the ground floor of
the principal building.
2. Sales Area. The retail sales activity shall not occupy more than
fifteen (15) percent of the gross floor area of the building.
3. Access. The building where such use is located to one having
direct access to a collector or arterial level street without the
necessity of using residential streets.
4. Hours. Hours of operation are limited to 6:00 AM to 10:00 PM.
5. Adequate parking is provided for the retail sales activity in
compliance with Section 21 of this Chapter.
6. The provisions of Section 20-8-2.D of this Chapter are considered
and determined to be satisfied.
20-78-5: ACCESSORY USES: Subject to applicable provisions of this Chapter, the
following are permitted uses in a B-4 District:
A. Commercial or business buildings and structures for a use accessory to
the principal use but such use shall not exceed thirty (30) percent of the
gross floor space of the principal use and shall be of the same material
and design as the principal use.
B. Off-street parking as regulated by Section 21 of this Chapter.
C. Off-street loading as regulated by Section 22 of this Chapter.
D. Radio and television receiving antennas including single satellite dish
79
TVROs three and one-half (3.5) meters or less in diameter, short-wave
radio dispatching antennas, or those necessary for the operation of
electronic equipment including radio receivers, federal licensed amateur
radio stations and television receivers, as regulated by Section 33 of this
Chapter.
20-78-6: CONDITIONAL USES: Subject to applicable provisions of this Chapter,
the following are conditional uses in a B-4 District subject to the
procedures set forth in and regulated by Section 4 of this Chapter.
A. Assembly, manufacturing, compounding, machining, packaging, treatment
or indoor storage of products and materials, provided that:
1. The proposed use complies with the performance standards
outlined in Section 16 of this Chapter.
2. No outside storage is associated with the use.
B. Breweries with or without taprooms
C. Convenience gasoline sales with grocery and/or food operations, provided
that:
1. Convenience/deli food is of the take-out type only.
2. Outside sales and service shall be allowed on a limited basis,
provided that:
a. Site Plan. Areas for outdoor sales and services shall be
clearly indicated on the site plan and reviewed at the time of
application for a conditional use permit. No outdoor sales or
services shall be allowed outside of those areas so
designated on the approved site plan without approval of an
amended conditional use permit.
b. Location. Outdoor sales and services shall be located
adjacent to the principal building upon a concrete or asphalt
surface behind a raised six (6) inch curb, on the raised pump
islands or otherwise segregated from vehicle circulation
under the canopy and shall not encroach into any required
principal building setback, required parking stall, drive aisle,
or minimum five (5) foot wide pedestrian sidewalk adjacent
r
80
to the principal building where head -in parking is provided or
otherwise impede vehicle and pedestrian circulation, except
as provided for by Section 20-78-6.C.2.d of this Chapter.
C. Outdoor Sales:
(1) Area. The area devoted to outdoor sales shall not
exceed ten (10) percent of the gross floor area of the
principal building or two hundred (200) square feet,
whichever is less.
(2) Height. The height of sales displays not abutting the
principal building or located between the fuel pumps
under the canopy shall not exceed three (3) feet in
height as measured from the grade of the adjacent
drive aisle to the top of the display. All other outdoor
sales displays shall not exceed five (5) feet in height
measured from grade to the top of the display.
(3) Required Parking. The outdoor sales area shall be
included in the calculations for parking spaces
required for the use by Section 21 of this Chapter.
d. Outdoor services shall be limited to the following uses:
(1) Public phones may encroach into a required yard as
long as they do not interrupt on-site traffic circulation,
do not occupy required parking stalls, and are not
located in a yard abutting residentially zoned property.
(2) Propane sales limited to twenty (20) pound capacity
tanks may be located outside provided the propane
tanks are secured in a locker and meets all State
Uniform Building and Fire Codes.
(3) A compressed air service or automobile vacuum
areas may be located on-site provided they meet all
principal building setbacks and do not interrupt on-site
traffic circulation and do not occupy required parking
stalls.
(4) Freezers for ice products may only be located at the
front of the building subject to the area and location
81
requirements of Section 20-78-6.C.2.b and 20-78-
6.C,2.c of this Chapter, or shall be located in a side or
rear yard and fully screened from view from adjacent
properties as the public right-of-way with materials
consistent with the principal building.
3. The hours of operation shall be limited to 6:00 AM to 12:00 PM,
unless extended by the City Council.
4 Motor fuel activities shall be installed in accordance with State and
City standards. Additionally, adequate space shall be provided to
access gas pumps and allow maneuverability around the pumps.
Underground fuel storage tanks are to be positioned to allow
adequate access by motor fuel transports and unloading operations
do not conflict with circulation, access and other activities on the
site. Fuel pumps shall be installed on pump islands.
5. A protective canopy located over pump island may be an accessory
structure on the property and may be located twenty (20) feet or
more from the front lot line, provided adequate visibility both on and
off site is maintained.
6. The architectural appearance and functional plan of the building
and site shall not be so dissimilar to the existing buildings or area
as to cause a blighting influence within a reasonable distance of the
lot. All sides of the principal and accessory structures are to have
essentially the same or a coordinated, harmonious finish treatment.
7. The entire site other than that taken up by a building, structure or
plantings shall be surfaced with blacktop or concrete to control dust
and drainage which is subject to the approval of the City Engineer.
8. At the boundaries of the lot, a strip of, not less than five (5) feet shall
be landscaped and screened in compliance with Section 4619 of
this Chapter.
9. Each light standard base shall be landscaped
10. Vehicular access points shall create a minimum of conflict with
through traffic movement, and shall be subject to the approval of
the City.
11. An internal site pedestrian circulation system shall be defined and
82
appropriate provisions made to protect such, areas from
encroachments by parked cars or moving vehicles.
12. An enclosed screened area is to be provided for rubbish and
dumpsters.
E. Distilleries with or without tasting rooms.
F. Day care facilities as regulated by Section 30 of this Chapter.
G. Essential services involving transmission pipelines and transmission or
substation lines in excess of thirty three (33) kV and up to one hundred
(10 0) kV.
H. Governmental and public utility buildings and structures; other than City of
Otsego.
I. Personal wireless service towers and antennas not located on a public
structure, as regulated by Section 33 of this Chapter.
J. Warehousing, including self -storage facilities.
20-78-7: LOT REQUIREMENTS AND SETBACKS: The following minimum
requirements shall be observed in a B-4 District, subject to additional
requirements, exceptions and modifications set forth in this Chapter.
A. Lot Area: Two (2) acres.
B. Lot Width: Two hundred (200) feet
C. Setbacks:
1. Front yards:
Setbacks Setbacks
From From Right -
Centerline of -Way Lines
65 feet 30 feet
Where a lot is located at the intersection of two (2) or more streets
or highways which bound two (2) or more sides of the lot, no
F 83
building shall project beyond the front yard line of either street.
2. Side yard: There shall be a side yard on each side of any building
having a width of not less than twenty (20) feet, except that no
building shall be located within fifty (50) feet of any side lot line
abutting a lot in any residential district.
3. Rear yard: There shall be a rear yard having a depth of not less
than twenty (20) feet, except that no buildings shall be located
within fifty (50) feet of any residential district.
�
A. Building and Structure: Thirty (30) feet
B. Impervious surfaces: Seventy (70) percent.
20-78-9: MAXIMUM BUILDING HEIGHT:
A. Principal Building: Four (4) stories or forty-eight (48) feet.
B. Accessory Building: Per Section 20-18-21 of this Chapter.
Section 9. Section 79 of the Zoning Ordinance is hereby repealed in its entirety
and reserved for future use.
Section 10. Section 85 of the Zoning Ordinance is hereby amended to read as
follows:
SECTION 85
1-1, LIGHT INDUSTRIAL DISTRICT
Section
20-85-1
Purpose
20-85-2
Permitted Uses
20-85-3
Interim Uses
20-85-4
Uses by Administrative Permit
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20-85-5
Accessory Uses
20-85-6
Conditional Uses
20-85-7
Lot Requirements and Setbacks
20-85-8
Maximum Site Coverage
20-85-9
Maximum Building Height
20-85-1: PURPOSE: The intent of the 1-1, Light Industrial District is to provide for
the establishment of light industrial activities, characterized by low impact
manufacturing and warehousing uses, which have adequate and
convenient access to major streets and provide effective controls for
"nuisance" and pollution characteristics. It is further the intent of this
District to encourage industrial development in a compact and orderly
manner consistent with the general locations shown in the Comprehensive
Plan adjacent to the TH 101 corridor within the East Sewer District defined
by the Comprehensive Plan where urban services are provided..
20-85-2: PERMITTED USES: The following are permitted uses in an 1-1 District:
A. Adult education, trade, vocational and other public or private
postsecondary education schools.
B. Automobile repair, major and minor.
C. Breweries and small breweries.
D. Building materials sales.
E. Commercial printing establishments.
F. Compounding, assembly, packaging, treatment, or storage of products
and materials.
G. Data centers.
H. Distilleries and microdistilleries
Distribution centers.
J. Essential services other than transmission pipelines and transmission or
substation lines in excess of thirty three (33) W and up to one hundred
(10 0) W.
85
K. Governmental and public utility buildings and structures, City of Otsego
only.
L. Laboratories, research and development facilities.
M. Manufacturing, machining and assembly.
N. Offices.
O. Parks, trails, play fields, playgrounds, and directly related buildings and
structures, City of Otsego only.
P. Transportation terminals.
Q. Warehousing, including self -storage facilities.
R. Wholesale business.
20-85-3: INTERIM USES: Subject to applicable provisions of this Chapter, the
following are interim uses in an 1-1 District and are governed by Section 5
of this Chapter.
A. Farms, farmsteads, and farming.
B. Accessory, enclosed retail, rental, or service activity other than that
allowed as a permitted use or conditional use within this Section, provided
that:
1. Such use is allowed as a permitted use in a Business District.
2. Such use does not constitute more than fifty (50) percent of the
gross floor area of the principal building.
3. Adequate off-street parking and off-street loading in compliance
with the requirements of Sections 21 and 22 of this Chapter is
provided.
4. All signing and informational or visual communication devices shall
be in compliance with the provisions of Section 37 of this Chapter.
5. The interim use permit shall terminate upon a change of occupancy
or other date as determined by the City Council in accordance with
Section 20-5-4 of this Chapter.
C. Open or outdoor service, sale and rental (excluding automobile or truck
sales) as an accessory use, provided that:
1. The area of the subject site devoted to outdoor storage shall be
limited to thirty (30) percent of the gross area of the lot.
2. Outside service areas are fenced and screened from view of the
public right-of-way, neighboring residential uses, or an abutting
Residential District in compliance with Section 16 of this Chapter.
3. All lighting shall be hooded and so directed that the light source
shall not be visible from the public right -or -way or from neighboring
residences and shall be in compliance with Section 16 of this
Chapter.
4. The use does not take up parking space as required for conformity
to this Chapter.
5. Sales area is surfaced with asphalt or concrete to control dust.
6. The interim use permit shall terminate upon a change of occupancy
or other date as determined by the City Council in accordance with
Section 20-5-4 of this Chapter.
D. Open and outdoor storage as an accessory use provided that:
1. The area of the subject site devoted to outdoor storage shall be
limited to thirty (30) percent of the gross area of the lot.
2. The storage area is landscaped, fenced, and screened from view of
neighboring uses and abutting R Districts.
3. Storage is landscaped and screened from view from the public
right-of-way.
4. Storage area shall be surfaced with asphalt or concrete.
5. All lighting shall be hooded and so directed that the light source
shall not be visible from the public right-of-way or from neighboring
residences.
87
6. The storage area does not take up parking space or loading space
as required for conformity to this Chapter.
7. The interirn use permit shall terminate upon a change of occupancy
or other date as determined by the City Council in accordance with
Section 20-5-4 of this Chapter.
E. Physical recreation or training facilities (indoor) provided that:
1. Hours of operation shall be subject to review and approval of the
City Council.
2. Vehicular access points shall create a minimum of conflict with
through traffic, shall comply with Section 21 of this Chapter and
shall be subject to review and approval of the City Engineer.
3. Adequate off-street parking and off-street loading stalls are
provided in compliance with Sections 21 and 22 of this Chapter.
4. All signs and information and visual communications devices shall
be in compliance with Section 37 of this Chapter.
5. Occupancy shall be subject to and satisfy all applicable
requirements of the Building Code, subject to review and approval
of the Building Official.
6. The interim use permit shall terminate upon a change of occupancy
or other date as determined by the City Council in accordance with
Section 5 of this Chapter.
F. Temporary structures as a principal use associated with a permitted or
conditional use allowed within this district provided that:
1. The interim use shall terminate twelve (12) months from its date of
issuance, within thirty (30) days after a certificate of occupancy has
been issued by the Building Official for a permanent structure or the
temporary structure(s) is removed from the site, whichever occurs
first, unless a different schedule is approved as part of the permit.
2. The property owner enter into a development contract with the City
for the construction of permanent structures and site facilities to
occur by the termination date of the interim use permit and provide
88
a performance security as provided for by Section 5 of this Chapter.
3. Temporary structures shall be subject to and satisfy all applicable
requirements of the State Building Code.
4. The entire site other than taken up by buildings, structures or
plantings shall be surfaced with a material to control dust, subject to
review and approval of the Zoning Administrator.
5. Adequate provisions for water and sewer service for the temporary
structure are made, subject to review and approval of the City
Engineer.
6. The temporary structure shall be screened and landscaped from
view of adjacent residential uses in accordance with Section 19 of
this Chapter.
7. Vehicular access points shall be limited, shall create a minimum of
conflict with through traffic movement, and shall be subject to
approval of the City Engineer.
8. Adequate off-street parking and loading facilities are provided in
approval of the City Engineer.
9. Adequate provisions for site drainage are made, subject to review
and approval of the City Engineer.
10. All signing and informational or visual communication devices shall
be in conformance with Section 37 of this Chapter.
11. All refuse shall be stored within containers that are to be screened
and enclosed within a fence or similar structure.
20-85-4: USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions
of this Section, performance standards established by this Chapter, and
processing requirements of Section 20-8-2, the following are uses allowed
in an 1-1 District by administrative permit as may be issued by the Zoning
Administrator.
A. Temporary outdoor promotional events and sales, provided that:
1. Promotional Events.
89
a. Such activity is directed towards the general public and
includes grand openings, carnivals, craft shows, flea
markets, mechanical and animal rides and displays of
materials that are typically not sold or serviced on the site.
b. The event shall not exceed the period specified in the
administrative permit and in no case shall exceed three (3)
consecutive calendar days per event.
C. There shall be no more than two (2) promotional events per
calendar per year per property.
2. Outdoor Sales.
a. Such activity is directed towards the general public and
include warehouse sales, sidewalk sales, inventory reduction
or liquidation sales, distressed merchandise sales, seasonal
merchandise sales, and licensed transient merchant and
transient product merchant sales.
b. The following specific standards shall apply to all proposed
temporary outdoor sales activities allowed by this paragraph
and by City Code business licensing provisions in addition to
other applicable building and safety code requirements as
determined by the Zoning Administrator.
(1) The maximum total time for temporary outdoor sales
activities shall be the period specified in the
administrative permit and, in no case, shall exceed
sixty (60) days per calendar year per property.
(2) There shall be no more sales activities than those
specified in the administrative permit and, in no case,
shall there be more than ten (10) sales activities per
year per property.
(3) Sales activities may be conducted within a required
yard provided the area is paved and the activity does
not interfere with parking, traffic circulation or
emergency vehicle access. Temporary sales on
unpaved landscaped areas is prohibited.
F
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C. General Standards
(1) The event shall be clearly accessory to or promoting
the permitted or conditional use approved for the site.
Only merchandise which is normally manufactured,
sold, or stocked by the occupant on the subject
premises on a regular or seasonal basis shall be sold
and/or promoted.
(2) Tents, stands, and other similar temporary structures
may be utilized, provided they are clearly identified on
the submitted plan and provided that it is determined
by the Zoning Administrator that they will not impair
the parking capacity, emergency access, or the safe
and efficient movement of pedestrian and vehicular
traffic on or off the site.
(3) The submitted plan shall clearly demonstrate that
adequate off-street parking for the proposed event
can and will be provided for the duration of the event.
Determination of compliance with this requirement
shall be made by the Zoning Administrator who shall
consider the nature of the event and the applicable
parking requirements of this Chapter. Consideration
shall be given to the parking needs and requirements
of other occupants in the case of multi -tenant
buildings. Parking on public right-of-way and streets
is prohibited; except that parking on local streets may
be allowed on Saturday and Sunday only, provided
that the petitioner arranges for traffic control by
authorized enforcement officers, as approved in
writing by the Zoning Administrator, at the petitioner's
expense.
(4) Signage related to the event shall be in compliance
with the temporary sign standards of this Chapter and
shall be allowed for the duration of the event. Special
signage for purposes of traffic direction and control
may be authorized by the Zoning Administrator; the
erection and removal of such signage shall be the
responsibility of the applicant.
(5) The approved permit shall be displayed on the
91
premises for the duration of the event.
20-85-5: ACCESSORY USES: The following are permitted uses in an 1-1 District:
A. Commercial or business buildings and structures for a use accessory to
the principal use but such use shall not exceed thirty (30) percent of the
gross floor space of the principal use and shall be of the same material
and design as the principal use.
B. Off-street parking as regulated by Section 21 of this Chapter.
C. Off-street loading as regulated by Section 22 of this Chapter.
D. Radio and television receiving antennas including single satellite dish
TVROs three and one-half (3.5) meters or less in diameter, short-wave
radio dispatching antennas, or those necessary for the operation of
electronic equipment including radio receivers, federal licensed amateur
radio stations and television receivers, as regulated by Section 33 of this
Chapter.
20-85-6: CONDITIONAL USES: The following are conditional uses in an 1-1
District subject to the procedures set forth in and regulated by Section 4 of
this Chapter.
A. Animal kennels, provided that:
1. An exercise area at least one hundred (100) square feet in size
shall be provided to accommodate the periodic exercising of
animals boarded at the kennel.
2. If an outdoor exercise area is provided, it shall be at least one
hundred fifty (150) square feet in size and shall be restricted to the
exercising of one animal, on leash, under the control of a handler,
in the pet exercise area, at a time.
3. Outdoor exercise areas shall be fenced, not less than six (6) feet in
height with an additional at least two foot (2') security arm with an
internal orientation set at a thirty degree (30°) angle, and shall be of
sufficient strength to retain kenneled animals. Said fence shall be
located in a side or rear yard and shall provide a complete visual
screen from surrounding properties in compliance with Section 19
of this Chapter. Said fence shall be set back at least one hundred
(100) feet from any side or rear property line.
4. Outdoor exercise areas must be cleaned at least once (1) per day
to prevent the accumulation of animal wastes and the spread of
disease.
5. A ventilation system shall be designed so that no odors or
organisms will spread between wards or to the outside air and will
be capable of completely exchanging internal air at a rate of at least
twice per hour. Air temperature must be maintained between sixty
(60) and seventy five degrees Fahrenheit (75°F).
6. A room separate from the kennel area shall be provided of
sufficient size to adequately separate animals that are sick or
injured from healthy animals.
7. Indoor animal kennel floors and walls shall be made of nonporous
materials or sealed concrete to make it nonporous.
8. Animal wastes shall be flushed down an existing sanitary sewer
system or enclosed in a container of sufficient construction to
eliminate odors and organisms and shall be properly disposed of at
least once a day.
9. All state health department and Minnesota pollution control agency
requirements for such facilities are met.
B. Commercial and public radio and television transmitting antennas, and
public utility microwave antennas, as regulated by Section 33 of this
Chapter.
C. Commercial, private and public satellite dish transmitting or receiving
antennas in excess of three and one-half (3.5) meters in diameters, as
regulated by Section 33 of this Chapter.
D. Convenience gasoline sales with grocery and/or food operations, provided
that:
1. Convenience/deli food is of the take-out type only.
2. Outside sales and service shall be allowed on a limited basis,
provided that:
ZRI
a. Site Plan. Areas for outdoor sales and services shall be
clearly indicated on the site plan and reviewed at the time of
application for a conditional use permit. No outdoor sales or
services shall be allowed outside of those areas so
designated on the approved site plan without approval of an
amended conditional use permit.
b. Location. Outdoor sales and services shall be located
adjacent to the principal building upon a concrete or asphalt
surface behind a raised six (6) inch curb, on the raised pump
islands or otherwise segregated from vehicle circulation
under the canopy and shall not encroach into any required
principal building setback, required parking stall, drive aisle,
or minimum five (5) foot wide pedestrian sidewalk adjacent
to the principal building where head -in parking is provided or
otherwise impede vehicle and pedestrian circulation, except
as provided for by Section 20-76-6.C.2.d of this Chapter.
C. Outdoor Sales:
(1) Area. The area devoted to outdoor sales shall not
exceed ten (10) percent of the gross floor area of the
principal building or two hundred (200) square feet,
whichever is less.
(2) Height. The height of sales displays not abutting the
principal building or located between the fuel pumps
under the canopy shall not exceed three (3) feet in
height as measured from the grade of the adjacent
drive aisle to the top of the display. All other outdoor
sales displays shall not exceed five (5) feet in height
measured from grade to the top of the display.
(3) Required Parking. The outdoor sales area shall be
included in the calculations for parking spaces
required for the use by Section 21 of this Chapter.
d. Outdoor services shall be limited to the following uses:
(1) Public phones may encroach into a required yard as
long as they do not interrupt on-site traffic circulation,
do not occupy required parking stalls, and are not
UJI
located in a yard abutting residentially zoned property.
(2) Propane sales limited to twenty (20) pound capacity
tanks may be located outside provided the propane
tanks are secured in a locker and meets all State
Uniform Building and Fire Codes.
(3) A compressed air service or automobile vacuum
areas may be located on-site provided they meet all
principal building setbacks and do not interrupt on-site
traffic circulation and do not occupy required parking
stalls.
(4) Freezers for ice products may only be located at the
front of the building subject to the area and location
requirements of Section 20-85-6.D.2.b and 20-85-
6.D.2.c of this Chapter, or shall be located in a side or
rear yard and fully screened from view from adjacent
properties as the public right-of-way with materials
consistent with the principal building.
3. The hours of operation shall be limited to 6:00 AM to 12:00 PM,
unless extended by the City Council.
4 Motor fuel activities shall be installed in accordance with State and
City standards. Additionally, adequate space shall be provided to
access gas pumps and allow maneuverability around the pumps.
Underground fuel storage tanks are to be positioned to allow
adequate access by motor fuel transports and unloading operations
do not conflict with circulation, access and other activities on the
site. Fuel pumps shall be installed on pump islands.
5. A protective canopy located over pump island may be an accessory
structure on the property and may be located twenty (20) feet or
more from the front lot line, provided adequate visibility both on and
off site is maintained.
6. The architectural appearance and functional plan of the building
and site shall not be so dissimilar to the existing buildings or area
as to cause a blighting influence within a reasonable distance of the
lot. All sides of the principal and accessory structures are to have
essentially the same or a coordinated, harmonious finish treatment.
7. The entire site other than that taken up by a building, structure or
95
plantings shall be surfaced with blacktop or concrete to control dust
and drainage which is subject to the approval of the City Engineer.
8. At the boundaries of the lot, a strip of not less than five (5) feet shall
be landscaped and screened in compliance with Section 4-619 of
this Chapter.
9. Each light standard base shall be landscaped.
10. Vehicular access points shall create a minimum of conflict with
through traffic movement, and shall be subject to the approval of
the City.
11. An internal site pedestrian circulation system shall be defined and
appropriate provisions made to protect such areas from
encroachments by parked cars or moving vehicles.
12. An enclosed screened area is to be provided for rubbish and
dumpsters.
E. Essential services involving transmission pipelines and transmission or
substation lines in excess of thirty three (33) kV and up to one hundred
(10 0) W.
F. Governmental and public utility buildings and structures; other than City of
Otsego.
G. Servicing of motor freight vehicles and heavy construction equipment;
directly related accessory materials and parts sales for such repair and
servicing (not including new or used vehicle sales); and accessory
materials and parts warehousing which is related to and dependent upon
such uses, provided that:
1. All servicing of vehicles and equipment shall occur entirely within
the principal structure.
2. To the extent required by state law and regulations, painting shall
be conducted in an approved paint booth, which thoroughly controls
the emission of fumes, dust, or other particulate matter.
3. Storage and use of all flammable materials, including liquids and
rags, shall conform with applicable provisions of the Minnesota
uniform fire code.
4. Parking, driveway, and circulation standards and requirements shall
be subject to the review and approval of the City Engineer and shall
be based upon the specific needs of the operation and shall
accommodate large vehicle equipment and semitrailer/tractor
trucks.
5. The storage of damaged vehicles and vehicle parts and accessory
equipment must be completely inside a principal or accessory
building
H. Taprooms accessory to a brewery or small brewery.
I. Tasting rooms accessory to a distillery or micro -distillery.
20-85-7: LOT REQUIREMENTS AND SETBACKS: The following minimum
requirements shall be observed in an 1-1 District, subject to additional
requirements, exceptions and modifications set forth in this Chapter.
A. Lot Area: One (1) acre.
B. Lot Width: Two hundred (200) feet
C. Setbacks:
1. Front yards:
Setbacks Setbacks
From From Right -
Centerline of -Way Lines
65 feet 30 feet
Where a lot is located at the intersection of two (2) or more streets or
highways which bound two (2) or more sides of the lot, no building shall
project beyond the front yard line of either street.
2. Side yard:
a. Corner lot: Thirty (30) feet
b. Interior lot: Ten (10) feet
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3. Rear Yard: Twenty (20) feet
20-85-8: MAXIMUM SITE` COVERAGE:
A. Building and Structure: Fifty (50) percent.
B. Impervious Surfaces: Eighty-five (85) percent.
20-85-9: MAXIMUM BUILDING HEIGHT: Forty-eight (48) feet.
Section 11. Section 86 of the Zoning Ordinance is hereby amended to read as
follows:
SECTION 86
1-2, GENERAL INDUSTRIAL DISTRICT
Section
20-86-1
Purpose
20-86-2
Permitted Uses
20-86-3
Interim Uses
20-86-4
Uses by Administrative Permits
20-86-5
Accessory Uses
20-86-6
Conditional Uses
20-86-7
Lot Requirements and Setbacks
20-86-8
Maximum Site Coverage by Building
20-86-9
Maximum Building Height
20-86-1: PURPOSE: It is the intent of the 1-2 General Industrial District to provide
areas suitable for the location of general industrial activities which have adequate
and convenient access to major streets and provide effective controls for
"nuisance" and pollution characteristics. It is further the intent of this District to
encourage industrial development in a compact and orderly manner consistent
with the general locations shown in the Comprehensive Plan other than adjacent
to the TH 101 corridor within the East Sewer District providing a compatible
relationship with other land uses, where a full complement of urban services are
provided.
r 98
20-86-2: PERMITTED USES: The following are permitted uses in an 1-2 District:
A. Adult education, trade, vocational and other public or private
postsecondary education schools.
B. Automobile repair, major and minor.
C. Breweries and small breweries.
D. Building materials sales.
E. Commercial printing establishments.
F. Compounding, assembly, packaging, treatment, or storage of products
and materials.
G. Data centers.
K Distilleries and microdistilleries
I. Distribution centers.
J. Essential services other than transmission pipelines and transmission or
substation lines in excess of thirty three (33) kV and up to one hundred
(100) kV.
K. Governmental and public utility buildings and structures, City of Otsego
only.
L. Laboratories, research and development facilities.
M. Manufacturing, machining and assembly.
N. Offices.
O. Transportation terminals.
P. Warehousing, including self -storage facilities.
Q. Wholesale business.
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20-86-3: INTERIM USES: Subject to applicable provisions of this Chapter, the
following are interim uses in an 1-2 District and are governed by Section 5
of this Chapter.
A. Farms, farmsteads, and farming.
B. Accessory, enclosed retail, rental, service, or processing, manufacturing
activity other than that allowed as a permitted use or conditional use within
this Section, provided that:
1. Such use is allowed as a permitted use in a Business District.
2. Such use does not constitute more than fifty (50) percent of the
gross floor area of the principal building.
3. Adequate off-street parking and off-street loading in compliance
with the requirements of Sections 21 and 22 of this Chapter is
provided.
4. All signing and informational or visual communication devices shall
be in compliance with the provisions of Section 37 of this Chapter.
5. The interim use permit shall terminate upon a change of occupancy
or other date as determined by the City Council in accordance with
Section 5 of this Chapter.
C. Open or outdoor service, sale and rental (excluding automobile or truck
sales) as a principal or accessory use, provided that:
1. Outside services, sales and equipment rental connected with the
principal use is limited to fifty (50) percent of the gross floor area of
the principal use.
2. Outside sales areas are fenced and screened from view of
neighboring residential uses or an abutting Residential District in
compliance with section 19 of this Chapter.
3. All lighting shall be hooded and so directed that the light source
shall not be visible from the public right -or -way or from neighboring
residences and shall be in compliance with Section 16 of this
Chapter.
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4. The use does not take up parking space as required for conformity
to this Chapter.
5. Sales area is hard surfaced to control dust.
6. The interim use permit shall terminate upon a change of occupancy
or other date as determined by the City Council in accordance with
Section 5 of this Chapter.
D. Open and outdoor storage as a principal or accessory use provided that:
1. The storage area is landscaped, fenced, and screened from view of
neighboring uses and abutting residential districts.
2. Storage is landscaped and screened from view from the public
right-of-way.
3. Storage area is blacktopped or concrete surfaced.
4. All lighting shall be hooded and so directed that the light source
shall not be visible from the public right-of-way or from neighboring
residences.
5. The storage area does not take up parking space or loading space
as required for conformity to this Chapter.
6. The interim use permit shall terminate upon a change of occupancy
or other date as determined by the City Council in accordance with
Section 5 of this Chapter.
E. Physical recreation or training facilities provided that:
1. Hours of operation shall be subject to review and approval of the
City Council.
2. Vehicular access points shall create a minimum of conflict with
through traffic, shall comply with Section 21 of this Chapter and
shall be subject to review and approval of the City Engineer.
3. Adequate off-street parking and off-street loading stalls are
provided in compliance with Sections 21 and 22 of this Chapter.
4. All signs and information and visual communications devices shall
r 101
be in compliance with Section 37 of this Chapter.
5. Occupancy shall be subject to and satisfy all applicable
requirements of the Building Code, subject to review and approval
of the Building Official.
6. The interim use permit shall terminate upon a change of occupancy
or other date as determined by the City Council in accordance with
Section 5 of this Chapter.
F. Temporary structures as a principal use associated with a permitted or
conditional use allowed within this district provided that:
1. The interim use shall terminate twelve (12) months from its date of
issuance, within thirty (30) days after a certificate of occupancy has
been issued by the Building Official for a permanent structure or the
temporary structure(s) is removed from the site, whichever occurs
first, unless a different schedule is approved as part of the permit.
2. The property owner enter into a development contract with the City
for the construction of permanent structures and site facilities to
occur by the termination date of the interim use permit and provide
a performance security as provided for by Section 5 of this Chapter.
3. Temporary structures shall be subject to and satisfy all applicable
requirements of the State Building Code.
4. The entire site other than taken up by buildings, structures or
plantings shall be surfaced with a material to control dust, subject to
review and approval of the Zoning Administrator.
5. Adequate provisions for water and sewer service for the temporary
structure are made, subject to review and approval of the City
Engineer.
6. The temporary structure shall be screened and landscaped from
view of adjacent residential uses in accordance with Section 19 of
this Chapter.
7. Vehicular access points shall be limited, shall create a minimum of
conflict with through traffic movement, and shall be subject to
approval of the City Engineer.
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8. Adequate off-street parking and loading facilities are provided in
approval of the City Engineer.
9. Adequate provisions for site drainage are mode, subject to review
and approval of the City Engineer.
10. All signing and informational or visual communication devices shall
be in conformance with Section 37 of this Chapter.
11. All refuse shall be stored within containers that are to be screened
and enclosed within a fence or similar structure.
20-86-4: USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions
of this Section, performance standards established by this Chapter, and
processing requirements of Section 20-8-2, the following are uses allowed
in an 1-2 District by administrative permit as may be issued by the Zoning
Administrator.
A. Temporary outdoor promotional events and sales, provided that:
1. Promotional Events.
a. Such activity is directed towards the general public and
includes grand openings, carnivals, craft shows, flea
markets, mechanical and animal rides and displays of
materials that are typically not sold or serviced on the site.
b. The event shall not exceed the period specified in the
administrative permit and in no case shall exceed three (3)
consecutive calendar days per event.
C. There shall be no more than two (2) promotional events per
calendar per year per property.
2. Outdoor Sales.
a. Such activity is directed towards the general public and
include warehouse sales, sidewalk sales, inventory reduction
or liquidation sales, distressed merchandise sales, seasonal
merchandise sales, and licensed transient merchant and
transient product merchant sales.
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b. The following specific standards shall apply to all proposed
temporary outdoor sales activities allowed by this paragraph
and by City Code business licensing provisions in addition to
other applicable building and safety code requirements as
determined by the Zoning /administrator.
(1) The maximum total time for temporary outdoor sales
activities shall be the period specified in the
administrative permit and, in no case, shall exceed
sixty (60) days per calendar year per property.
(2) There shall be no more sales activities than those
specified in the administrative permit and, in no case,
shall there be more than ten (10) sales activities per
year per property.
(3) Sales activities may be conducted within a required
yard provided the area is paved and the activity does
not interfere with parking, traffic circulation or
emergency vehicle access. Temporary sales on
unpaved landscaped areas is prohibited.
C. General Standards
(1) The event shall be clearly accessory to or promoting
the permitted or conditional use approved for the site.
Only merchandise which is normally manufactured,
sold, or stocked by the occupant on the subject
premises on a regular or seasonal basis shall be sold
and/or promoted.
(2) Tents, stands, and other similar temporary structures
may be utilized, provided they are clearly identified on
the submitted plan and provided that it is determined
by the Zoning Administrator that they will not impair
the parking capacity, emergency access, or the safe
and efficient movement of pedestrian and vehicular
traffic on or off the site.
(3) The submitted plan shall clearly demonstrate that
adequate off-street parking for the proposed event
can and will be provided for the duration of the event.
Determination of compliance with this requirement
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shall be made by the Zoning Administrator who shall
consider the nature of the event and the applicable
parking requirements of this Chapter. Consideration
shall be given to the parking needs and requirements
of other occupants in the case of multi -tenant
buildings. Parking on public right-of-way and streets
is prohibited; except that parking on local streets may
be allowed on Saturday and Sunday only, provided
that the petitioner arranges for traffic control by
authorized enforcement officers, as approved in
writing by the Zoning Administrator, at the petitioner's
expense.
(4) Signage related to the event shall be in compliance
with the temporary sign standards of this Chapter and
shall be allowed for the duration of the event. Special
signage for purposes of traffic direction and control
may be authorized by the Zoning Administrator; the
erection and removal of such signage shall be the
responsibility of the applicant.
(5) The approved permit shall be displayed on the
premises for the duration of the event.
20-86-5: ACCESSORY USES: The following are permitted uses in an 1-2 District:
A. Commercial or business buildings and structures for a use accessory to
the principal use but such use shall not exceed thirty (30) percent of the
gross floor space of the principal use.
B. Off-street parking as regulated by Section 21 of this Chapter including
semi -trailer trucks.
C. Off-street loading as regulated by Section 22 of this Chapter.
D. Radio and television receiving antennas including single satellite dish
TVROs three and one-half (3.5) meters or less in diameter, short-wave
radio dispatching antennas, or those necessary for the operation of
electronic equipment including radio receivers, federal licensed amateur
radio stations and television receivers, as regulated by Section 33 of this
Chapter.
105
20-86-6: CONDITIONAL USES: The following are conditional uses in an 1-2
District -subject to the procedures set forth in and regulated by Section 4 of
this Chapter.
A. Animal kennels, provided that:
1. An exercise area at least one hundred (100) square feet in size
shall be provided to accommodate the periodic exercising of
animals boarded at the kennel.
2. If an outdoor exercise area is provided, it shall be at least one
hundred fifty (150) square feet in size and shall be restricted to the
exercising of one animal, on leash, under the control of a handler,
in the pet exercise area, at a time.
3. Outdoor exercise areas shall be fenced, not less than six (6) feet in
height with an additional at least two foot (2') security arm with an
internal orientation set at a thirty degree (30°) angle, and shall be of
sufficient strength to retain kenneled animals. Said fence shall be
located in a side or rear yard and shall provide a complete visual
screen from surrounding properties in compliance with Section 19
of this Chapter. Said fence shall be set back at least one hundred
(100) feet from any side or rear property line.
4. Outdoor exercise areas must be cleaned at least once (1) per day
to prevent the accumulation of animal wastes and the spread of
disease.
5. A ventilation system shall be designed so that no odors or
organisms will spread between wards or to the outside air and will
be capable of completely exchanging internal air at a rate of at least
twice per hour. Air temperature must be maintained between sixty
(60) and seventy five degrees Fahrenheit (750F).
6. A room separate from the kennel area shall be provided of
sufficient size to adequately separate animals that are sick or
injured from healthy animals.
7. Indoor animal kennel floors and walls shall be made of nonporous
materials or sealed concrete to make it nonporous.
106
8. Animal wastes shall be flushed down an existing sanitary sewer
system or enclosed in a container of sufficient construction to
eliminate odors and organisms and shall be properly disposed of at
least once a day.
9. All state health department and Minnesota pollution control agency
requirements for such facilities are met.
B. Commercial and public radio and television transmitting antennas, and
public utility microwave antennas, as regulated by Section 33 of this
Chapter.
C. Commercial, private and public satellite dish transmitting or receiving
antennas in excess of three and one-half (3.5) meters in diameter, as
regulated by Section 33 of this Chapter.
D. Commercial truck washing as a principal or accessory use provided:
1. The architectural appearance and functional plan of the building
and site shall not be so dissimilar to the existing buildings or areas
as to cause impairment in property values or constitute a blighting
influence.
2. Magazine or stacking space is constructed to accommodate an
appropriate number of trucks and shall be subject to approval by
the City Council.
3. Magazine or stacking space not interfere with on-site circulation
patterns or required on-site parking or loading areas.
4. At the boundaries of a residential district, a buffer strip of not less
than five (5) feet in width shall be landscaped and screened in
compliance with Section 19 of this Chapter.
5. Each light standard island and all islands in the parking lot are
landscaped or covered.
6. Parking or truck magazine storage space shall be screened from
view of abutting residential districts in compliance with Section 19
of this Chapter.
7. The entire area other than occupied by the building or plantings
shall be surfaced with bituminous material or concrete which will
107
control dust and drainage which is subject to the approval of the
City Engineer.
8. The entire area shall have a drainage system which is subject to
the approval of the City.
9. All lighting shall be hooded and so directed that the light source is
not visible from the public right-of-way or from an abutting
residential use and shall be in compliance with Section 16 of this
Chapter.
10. Vehicular access points shall be limited, shall create a minimum of
conflict with through traffic movement and shall be subject to the
approval of the City Engineer.
11. All signing and informational or visual communication devices shall
be in compliance with Section 37 of this Chapter.
r
12. All refuse shall be stored in containers. Said containers are to be
screened and enclosed by a fence or similar structure.
13. Hours of operation shall be limited as necessary to minimize the
effect of nuisance factors such as traffic noise and glare upon any
existing neighboring residential uses.
E. Commercial truck service as a principal or accessory use provided:
1. Regardless of whether the dispensing, sale or offering for sale of
motor fuels and/or oil is incidental to the conduct of the use or
business, the standards and requirements imposed by this Chapter
for motor fuel stations shall apply. These standards and
requirements are, however, in addition to other requirements which
are imposed for other uses of the property.
2. The architectural appearance and functional plan of the building
and site shall not be so dissimilar to the existing buildings or area
as to constitute a blighting influence within a reasonable distance of
the lot.
3. The entire site other than that taken up by a building, structure or
plantings shall be surfaced with blacktop or concrete to control dust
and drainage which is subject to the approval of the City Engineer.
108
4. A drainage system subject to the approval of the City Engineer
shall be installed.
5. The 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 shall be in compliance with Section
16 of this Chapter.
6. Wherever fuel pumps are to be installed, pump islands shall be
installed.
7. At the boundaries of a residential district, a strip of not less than five
(5) feet shall be landscaped and screened in compliance with
Section 19 of this Chapter.
8. Each light standard island and all islands in the parking lot shall be
landscaped or covered.
9. Parking or truck magazine storage space shall be screened from
view of abutting residential districts in compliance with Section 19
of this Chapter.
10. Vehicular access points shall create a minimum of conflict with
through traffic movement, shall comply with Section 21 of this
Chapter and shall be subject to the approval of the City Engineer.
11. All signing and informational or visual communication devices shall
be minimized and shall be in compliance with the provisions of
Section 37 of this Chapter.
12. Provisions are made to control and reduce noise in accordance
with Section 16 of this Chapter.
13. No outside storage, sales, service or rental shall be permitted,
unless otherwise approved in accordance with applicable
provisions of this Chapter.
14. Sale of products other than those specifically mentioned in this
subdivision shall be subject to a conditional use permit.
F. Commercial semi -tractor or semi -trailer, construction or agricultural
implement sales, leasing and rental as a principal use, provided that:
109
1. The architectural appearance and functional plan of the
building and site shall not be so dissimilar to the existing
buildings or area as to cause impairment in property values
or constitute a blighting influence within a reasonable
distance of the lot.
2. The lot has frontage, if not direct access, to an improved
collector or arterial street designated by the Comprehensive
Plan.
3. The area of the site used for outdoor display shall not
exceed fifty (50) percent of the total lot area.
4. All semi -tractors, semi -trailers, construction or agricultural
implements on the premises are to be in operational
condition and not considered to be refuse.
5. The entire site other than that taken up by a building,
structure or plantings shall be surfaced with bituminous or
concrete to control dust and drainage, which is subject to
review and approval of the City Engineer.
6. A drainage system subject to approval of the City Engineer
shall be installed.
7. At the boundaries of a residential use or district, a
landscaping strip not less than twenty five (25) feet wide
shall be provided to screen outdoor display areas in
compliance with Section 19 of this Chapter.
8. Vehicular access points shall create a minimum of conflict
with through traffic movement, shall comply with Section 21
of this Chapter and shall be subject to review and approval
of the City Engineer.
9. The display area does not take up parking space or loading
space as required by Sections 21 and 22 of this Chapter.
10. All lighting shall be hooded with a 90 degree cut-off and so
directed that the light source not be visible from the public
right-of-way or adjacent residential uses or districts.
11. All signs, information, or visual communication devices shall
110
be minimized and shall be in compliance with the applicable
provisions of Section 37 of this Chapter.
12 Outdoor storage of refuse shall be within containers
enclosed and screened from view in compliance with Section
19 of this Chapter
13. Service of semi -tractors, semi -trailers, and construction or
agricultural implements shall be permitted only in
accordance with the applicable provisions for truck service
established by this Chapter.
14. Sales, rental or leasing activities allowed under this section
shall be limited to those specifically identified. Sales, rental
or leasing of product other than those specifically identified
by this Section shall be subject to the applicable provisions
of this Chapter.
15. All conditions pertaining to a specific site are subject to
change when the City Council, upon investigation in relation
to a formal request, finds that the general welfare and public
betterment can be served as well or better by modifying the
conditions.
G. Convenience gasoline sales with grocery and/or food operations, provided
that:
1. Convenience/deli food is of the take-out type only.
2. Outside sales and service shall be allowed on a limited basis,
provided that:
a. Site Plan. Areas for outdoor sales and services shall be
clearly indicated on the site plan and reviewed at the time of
application for a conditional use permit. No outdoor sales or
services shall be allowed outside of those areas so
designated on the approved site plan without approval of an
amended conditional use permit.
b. Location. Outdoor sales and services shall be located
adjacent to the principal building upon a concrete or asphalt
surface behind a raised six (6) inch curb, on the raised pump
islands or otherwise segregated from vehicle circulation
111
under the canopy and shall not encroach into any required
principal building setback, required parking stall, drive aisle,
or minimum five (5) foot wide pedestrian sidewalk adjacent
to the principal building where head -in parking is provided or
otherwise impede vehicle and pedestrian circulation, except
as provided for by Section 20-86-6.G.2.d of this Chapter.
C. Outdoor Sales:
(1) Area. The area devoted to outdoor sales shall not
exceed ten (10) percent of the gross floor area of the
principal building or two hundred (200) square feet,
whichever is less.
(2) Height. The height of sales displays not abutting the
principal building or located between the fuel pumps
under the canopy shall not exceed three (3) feet in
height as measured from the grade of the adjacent
drive aisle to the top of the display. All other outdoor
sales displays shall not exceed five (5) feet in height
measured from grade to the top of the display.
(3) Required Parking. The outdoor sales area shall be
included in the calculations for parking spaces
required for the use by Section 21 of this Chapter.
d. Outdoor services shall be limited to the following uses:
(1) Public phones may encroach into a required
yard as long as they do not interrupt on-site
traffic circulation, do not occupy required
parking stalls, and are not located in a yard
abutting residentially zoned property.
(2) Propane sales limited to twenty (20) pound
capacity tanks may be located outside
provided the propane tanks are secured in a
locker and meets all State Uniform Building
and Fire Codes.
(3) A compressed air service or automobile
vacuum areas may be located on-site provided
they meet all principal building setbacks and do
112
not interrupt on-site traffic circulation and do
not occupy required parking stalls.
(4) Freezers for ice products may only be located
at the front of the building subject to the area
and location requirements of Section 20-86-
6.G.2.b and 20-86-6.G.2.c of this Chapter, or
shall be located in a side or rear yard and fully
screened from view from adjacent properties
as the public right-of-way with materials
consistent with the principal building.
3. The hours of operation shall be limited to 6:00 AM to 12:00 PM,
unless extended by the City Council.
4 Motor fuel activities shall be installed in accordance with State and
City standards. Additionally, adequate space shall be provided to
access gas pumps and allow maneuverability around the pumps.
Underground fuel storage tanks are to be positioned to allow
adequate access by motor fuel transports and unloading operations
do not conflict with circulation, access and other activities on the
site. Fuel pumps shall be installed on pump islands.
5. A protective canopy located over pump island may be an accessory
structure on the property and may be located twenty (20) feet or
more from the front lot line, provided adequate visibility both on and
off site is maintained.
6. The architectural appearance and functional plan of the building
and site shall not be so dissimilar to the existing buildings or area
as to cause a blighting influence within a reasonable distance of the
lot. All sides of the principal and accessory structures are to have
essentially the same or a coordinated, harmonious finish treatment.
7. The entire site other than that taken up by a building, structure or
plantings shall be surfaced with blacktop or concrete to control dust
and drainage which is subject to the approval of the City Engineer.
8. At the boundaries of the lot, a strip of not less than five (5) feet shall
be landscaped and screened in compliance with Section 4619 of
this Chapter.
9. Each light standard base shall be landscaped.
113
10. Vehicular access points shall create a minimum of conflict with
through traffic movement, and shall be subject to the approval of
the City.
11. An internal site pedestrian circulation system shall be defined and
appropriate provisions made to protect such areas from
encroachments by parked cars or moving vehicles.
12. An enclosed screened area is to be provided for rubbish and
dumpsters.
H. Essential services involving transmission pipelines and transmission or
substation lines in excess of thirty three (33) kV and up to one hundred
(10 0) kV.
Governmental and public utility buildings and structures; other than City of
Otsego.
J. Storage, utilization or manufacture of materials or products which could
decompose by demolition; crude oil; bulk fuel, gasoline or other liquid
storage provided that:
1. A drainage system subject to the approval of the City Engineer
shall be installed.
2. The 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 shall be in compliance with Section
16 of this Chapter.
3. At the boundaries of a residential district, a strip of not less than
twenty-five (25) feet shall be landscaped and screened in
compliance with Section 16 of this Chapter.
4. Each light standard base shall be landscaped.
5. Vehicular access points shall create a minimum of conflict with
through traffic movement, shall comply with Section 21 of this
Chapter and shall be subject to the approval of the City Engineer.
6. All signing and informational or visual communication devices shall
be minimized and shall be in compliance with the applicable
114
provisions of Section 37 of this Chapter.
7. Provisions are made to control and minimize noise, air and water
pollution.
8. No outside storage except as allowed in compliance with Section
20-86-4 of this Chapter.
K. Taprooms accessory to a brewery or small brewery.
L. Tasting rooms accessory to a distillery or micro -distillery.
20-86-7: LOT REQUIREMENTS AND SETBACKS: The following minimum
requirements shall be observed in an 1-2 District, subject to additional
requirements, exceptions and modifications set forth in this Chapter.
A. Lot Area: Two (2) acres.
B. Lot Width: Two hundred (200) feet
C. Setbacks:
1. Front yards:
Setbacks
Setbacks
From
From Right -
Centerline
of-Wa Lines
65 feet
30 feet
Where a lot is located at the intersection of two (2) or more streets or
highways which bound two (2) or more sides of the lot, no building shall
project beyond the front yard line of either street.
2. Side yard: Twenty (20) feet
3. Rear Yard: Twenty-five (25) feet
4. Where railroad loading facilities exist or are to be provided the rear
and side yards may be modified through a conditional use permit.
115
20-86-9: MAXIMUM SITE COVERAGE BY BUILDINGS: Fifty (50) percent of the
total lot area.
20-86-10: MAXIMUM BUILDING HEIGH`r: Forty-eight (48) feet.
Section 12. This Ordinance shall become effective immediately upon its
passage and publication.
MOTION BY: Heidner
SECOND BY: Schroeder
ALL IN FAVOR: Stockamp, Heidner, Schroeder, Darkenwald
THOSE OPPOSED: None
ADOPTED by the City Council of the City of Otsego this 25th day of
January, 2016.
ATTEST:
Tami Loff, City Clerk
116
CITY OF OTSEGO
WY
: claw, w
Jessic9_L'Sto_C'kam`p:
CITT OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING CHAPTER 20 OF THE CITY CODE (THE ZONING
ORDINANCE.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Section 16 of the Zoning Ordinance is amended as General
Performance Requirements.
Section 2. Section 18 of the Zoning Ordinance is amended as Accessory Uses
and Buildings.
Section 3. The existing provisions of Section 19 of the Zoning Ordinance
(Building Relocation) are hereby recodified as Chapter 38 of the Zoning Ordinance with
and Section 19 of the Zoning Ordinance amended as Landscaping, Screening and
Fences.
Section 4. Section 70 of the Zoning Ordinance (R -B, Residential -Business
District) is hereby repealed in its entirety and reserved for future use.
Section 5. Section 75 of the Zoning Ordinance is hereby amended as B-1,
Transition Business District.
Section 6. Section 76 of the Zoning Ordinance is hereby amended as B-2,
Highway Commercial District.
Section 7. Section 77 of the Zoning Ordinance is hereby amended as B-3,
General Business District.
Section 8. Section 78 of the Zoning Ordinance is hereby amended as B-4,
Business Office District.
Section 9. Section 79 of the Zoning Ordinance (B -C, Business Campus District)
is hereby repealed in its entirety and reserved for future use.
1
Section 10. Section 85 of the Zoning Ordinance is hereby amended as 1-1, Light
Industrial District.
Section 11. Section 86 of the Zoning Ordinance is hereby amended as 1-2,
General Industrial District.
Section 12. This Ordinance shall become effective immediately upon its
passage and publication.
MOTION BY: Heidner
SECOND BY: Schroeder
ALL IN FAVOR: Stockamp, Heidner, Schroeder, Darkenwald
THOSE OPPOSED: None
ADOPTED by the City Council of the City of Otsego this 25th day of
January, 2016.
CITY OF OTSEGO
BY: Q"O) y
Jessi a L. Stockamp, Mayor
ATTEST: `-
Tami Loff, City Clerk
Pursuant to Minnesota Statutes 412.191, Subd. 4 and 331A.01, Subd.10, this
Ordinance is published in summary form. Complete copies of the ordinance are
available for inspection by contacting the Zoning Administrator/City Clerk, Otsego City
Hall, 13400 90th Street NE, Otsego, Minnesota 55330 during regular office hours.
2
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF SHERBURNE
Charlene Vold being duly sworn on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s) known
as:
Star News
with the known office of issue being located
in the county of:
SHERBURNE
with additional circulation in the counties of:
WRIGHT
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 01/30/2016 and the last
insertion being on 01/30/2016.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
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known office of issue is located in a county
adjoining the county where the mortgaged
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By: uQ
Designated Agent
Subscribed and sworn to or affirmed before
me on 01/30/2016 by Charlene Vold.
Notary Public
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4o\DARLENE MARIE MACPHERSON
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Ad ID 503463
CITY OF OTSEGO
COUNTY OF WRIGHT,
MINNESOTA
SUMMARY OF
ORDINANCE NO.: 2016-01
AN ORDINANCE AMENDING
CHAPTER 20 OF THE CITY CODE
(THE ZONING ORDINANCE.
THE CITY COUNCIL OF THE
CITY OF OTSEGO DOES HEREBY
ORDAIN:
Section 1. Section 16 of the
Zoning Ordinance is amended as
General Performance Require-
ments.
Section 2. Section 18 of the
Zoning Ordinance is amended as
Accessory Uses and Buildings.
Section 3. The existing provi-
sions of Section 19 of the Zoning
Ordinance (Building Relocation) are
hereby recodified as Chapter 38
of the Zoning Ordinance with and
Section 19 of the Zoning Ordinance
amended as Landscaping, Screen-
ing and Fences.
Section 4. Section 70 of the
Zoning Ordinance (R -B, Residen-
tial -Business District) is hereby re-
pealed in its entirety and reserved
for future use.
Section 5. Section 75 of the
Zoning Ordinance is hereby
amended as B-1, Transition Busi-
ness District.
Section 6. Section 76 of the
Zoning Ordinance is hereby
amended as B-2, Highway Com-
mercial District.
Section 7. Section 77 of the
Zoning Ordinance is hereby
amended as B-3, General Business
District.
Section 8. Section 78 of the
Zoning Ordinance is hereby
amended as B-4, Business Office
District.
Section 9. Section 79 of the
Zoning Ordinance (B -C, Business
Campus District) is hereby repealed
in its entirety and reserved for fu-
ture use.
Section 10. Section 85 of
the Zoning Ordinance is hereby
amended as 1-1, Light Industrial
District.
Section 11. Section 86 of
the Zoning Ordinance is hereby
amended as 1-2, General Industrial
District.
Section 12. This Ordinance
shall become effective immediately
upon its passage and publication.
MOTION BY: Heidner
SECOND BY: Schroeder
ALL IN FAVOR: Stockamp,
Heidner, Schroeder, Darkenwald
THOSE OPPOSED: None
ADOPTED by the City Council of
the City of Otsego this 25th day of
January, 2016.
CITY OF OTSEGO
BY: Jessica L. Stockamp, Mayor
ATTEST:
Tami Loff, City Clerk
Published in the
Star News
January 30, 2016
503463