ITEM 3.9 Zoning OrdinanceTY
Ot�eFzo
MINNESOTA
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT:
REQUESTOR:
MEETING DATE:
Planning
City Planner Licht
26 September 2016
PRESENTER(s):
REVIEWED BY:
ITEM #:
Consent Agenda
City Administrator Johnson
3.9 — Zoning Ordinance
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends approval of an Ordinance amending the Zoning Ordinance.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
No.
Held by Planning Commission 19 September 2016
BACKGROUNDMUSTIFICATION:
The City has initiated updates of the Zoning Ordinance regulating residential uses in response to ongoing
development and implementation of past approvals. The proposed amendments address development
securities, exterior materials for townhouse and multiple family uses, a requirement for a storm shelter
for slab -on -grade dwellings, fences, setbacks for agriculture and residential districts, and allowance of
secondary dwelling units. The Planning Commission held a public hearing to consider the proposed
amendments at their meeting on 19 September 2016. There were no public comments. The Planning
Commission agreed with the proposed amendments to the Zoning Ordinance, closed the public hearing,
and voted 5-0 to recommend City Council approval.
SUPPORTING DOCUMENTS: ❑ ATTACHED ❑ NONE
A. Planning Report dated 14 September 2016
B. Ordinance 2016-11
C. Summary of Ordinance 2016-11
POSSIBLE MOTION
Please word motion as you would like it to appear in the minutes.
Motion to adopt Ordinance 2016-11 amending the Zoning Ordinance as presented and approve
publication in summary form.
BUDGET INFORMATION
FUNDING: BUDGETED: ❑ YES
NA ❑ NO
ACTION TAKEN
❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes)
COMMENTS:
3601 Thurston Avenue N, Suite 100
Anoka, MN 65303
Phone:763.231.5840
Facsimile: 763.427.0520
TPCTPCO Plan ni ngCo. com
MEMORANDUM
TO: Otsego Planning Commission
FROM: D. Daniel Licht, AICP
DATE: 14 September 2016
RE: Otsego — Zoning Ordinance
TPC FILE: 101.01
BACKGROUND
The City has initiated updates of the Zoning Ordinance regulating residential uses in response to
ongoing development and implementation of past approvals. A public hearing to consider the
proposed amendments has been noticed for the Planning Commission meeting on 19
September 2016 at 7:0013M.
Exhibits:
A. Draft Zoning Ordinance amendment
ANALYSIS
As Built Surveys/Securities. The City requires completion of an as -built survey for all new
construction to ensure that the development complies with the approved grading plan for the
lot. A security is held either as part of a development agreement or at the time the building
permit (for residential uses) is issued to ensure completion of the as -built survey, completion of
final grading, installation of landscaping and construction of the driveway surface. Section 20-
16-5 of the Zoning Ordinance is proposed to include additional language regarding provision of
the required securities, completion of the as -built survey, and forfeiture of the securities if the
required actions are not completed within one year of a certificate of occupancy being issued.
Townhouse/Multiple Family Building Materials. Language is proposed to be added to Section
20-17-4 of the Zoning Ordinance regulating exterior materials to standardize requirements for
townhouse and multiple family uses. The intent of the provisions is to encourage use of high
quality, durable materials for sustainability, as well as desired community aesthetics. The
proposed exterior materials for townhouses would include that at least 25 percent of the front
elevation be masonry material and that other than masonry or fiber -board materials, no single
material could be more than 25 percent of any single elevation. For multiple family buildings,
the exterior material is required to be 50 percent masonry for the combined area of the
building elevations and other than masonry or fiber -board materials, no single material can be
used for 25 percent of any single elevation. The proposed amendment also includes the
requirement for a diversity of color packages for developments with more than four principal
structures consistent with past conditions of approval for townhouse uses. These provisions
thus favor use of masonry or fiber -board exterior finishes over metal or vinyl type materials.
Storm Shelter. The Planning Commission has expressed concern about the survivability of
dwellings constructed as slab on grade structures during severe weather. The Zoning
Ordinance amendment would add language to Section 17 requiring construction of a reinforced
interior room (bathroom or laundry) for any slab on -grade dwelling unit constructed on a lot
preliminary platted after the effective date of the Ordinance.
Fences. City staff is proposing minor amendments to Section 20-19-4 of the Zoning Ordinance
regulating fences based on issues identified in review of fence permits. The proposed
amendments stipulate that approval of a fence permit requires that the fence be constructed in
accordance with the submitted plans and any stipulations included with the permit. For fences
that the City Engineer approves to encroach into a drainage and utility easement, the City will
record an agreement with the property owner with the deed at Wright County for notice to
future property owners.
Setbacks. The Planning Commission previously discussed clarifying application of setbacks for
residential lots. Rather than identify the side yard of a corner lot abutting a public right-of-way
or the rear yard of a through lot abutting a public right-of-way as "front yards", the principal
building setback provisions for the A-1, A-2, R-C, R-1, R-2, R-3, R-4A, R-4, R-5, R-6, and R-7
District are proposed to be revised to specify the applicable setbacks for side yards and rear
yards abutting public rights -of -way.
The Planning Commission and City Council have also previously approved setbacks for single
family subdivisions within the R-5, R-6, and R-7 Districts as shown in the table below. The lots
to which the approved standards apply are minimum 9,000 square foot lots with a minimum 60
foot width. The approved setbacks allow for the single family dwelling to be moved forward on
the lot to maximize rear yard space for decks and outdoor recreation. The approved setbacks
specifying 30 feet to the garage face maintain a 31 foot setback between the garage and
sidewalk or 46 foot setback between the garage and back of curb on the side of the street
without sidewalks, which is adequate to accommodate off-street parking on the driveway.
N
Yard
Required
Approved
Subdivisions
Front
35ft.
30ft. garage face
25ft. principal building
Side
Interior
7ft.
7ft.
Corner
35ft.
30ft. garage face
25ft. principal building
Rear
20ft.
20ft.
Secondary Dwelling Units. The Planning Commission and City Council have approved
developments for Meadows of Riverpointe and Martin Farms 4th Addition that included
allowance of secondary dwelling units within a single family dwelling. The secondary dwelling
units are being marketed as multiple generation housing or housing for families with special
needs. The approval of the secondary dwelling units as part of the two developments included
specific performance standards to ensure functionality of the use as well as reinforce that the
dwelling unit is accessory a traditional single family dwelling. In incorporating allowance of the
secondary dwelling units as part of the Zoning Ordinance, City staff recommends identifying the
use as allowed accessory to single family dwellings within the R-4A, R-4, R-5, and R-6 Districts
(uses served by sanitary sewer and water) by administrative permit.
i OM, MA 1'= •►
City staff recommends approval of the proposed amendments to the Zoning Ordinance related
to residential uses in the form attached hereto.
POSSIBLE ACTIONS
A. Motion to recommend City Council approval of an ordinance amending the Zoning
Ordinance as presented.
B. Motion to table.
Lori Johnson, City Administrator
Tami Loff, City Clerk
Andy MacArthur, City Attorney
Ron Wagner, City Engineer
Barb Williams, Building Technician
ORDINANCE NO.: 2016-11
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
OTSEGO.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Section 20-16-5 of the Zoning Ordinance (Drainage Plans) shall be
amended to include the following provisions:
G. Security:
1. The developer shall provide the City financial security in the form of
a cash escrow or letter of credit for required gradina, landscape.
and driveway improvements required by this Chapter as a condition
of subdivision approval and/or issuance of a building permit: letters
of credit must be from a state or federally chartered bank or savings
and loan association, insured by the Federal Deposit Insurance
state of Minnesota.
2. An as built certificate of survey shall be submitted to verify that the
final as built grades and elevations of the lot and building setbacks
are consistent with the approved grading plan for the development
and amendments as approved by the City Engineer, that all
required property monuments are in place, and verify that all
required landscaping and driveway improvements are completed.
3. If the developer fails to perform required grading, landscape, or
driveway improvements or submit an as built certificate of survey
as required by this Chapter within one (1) year from the date of
occupancy, the security is forfeited to the City and may be used by
the City to cure any default: the property owner shall further agree
to be responsible for all costs incurred by the City that exceed the
amount of the security forfeited.
Section 2. Section 20-17-4.C. of the Zoning Ordinance (Building Type and
Construction) is hereby amended to add the following provisions:
2 Detached Townhomes, Two -Family, and Townhouses:
a The exterior of detached townhome and two-family dwellina
units shall include a variation in building materials which are
to be distributed throughout the building elevations and
coordinated into the architectural design of the structure to
create an architecturally balanced appearance..
b A minimum of twenty five (25) percent of the area of the front
elevation of a structure, including the sides of an attached garage
forward of the dwelling unit, shall have an exterior finish of brick.
stucco and/or natural or artificial stone.
C. Except for brick, stucco natural or artificial stone, or cement or
wood fiber board, no single elevation shall have more than twenty
five (25) percent of one type of exterior finish.
d. For developments with more than four (4) principal buildings, the
developer shall specify a minimum of four color packages for
siding, trim, and shutters with no color package used for more than
thirty (30) percent of the exterior finish for the total number of
dwelling units.
3. Multiple Family Buildings:
a A minimum of fifty (50) percent of the combined area of all
elevations of a principal building shall have an exterior finish of
brick or brick CMU stucco and/or natural or artificial stone.
b Except for brick or brick CMU, stucco natural or artificial stone,
rock face block, or cement or wood fiber board, no single elevation
shall have more than twenty five (25) percent of one type of exterior
finish.
Section 3. Section 17 of the Zoning Ordinance (General Yard, Lot Area and
Building Requirements) is hereby amended to add the following provisions:
20-17-12: STORM SHELTER:
A. For any dwelling or dwelling unit that is constructed slab on -grade within a
preliminary plat approved after [EFFECTIVE DATE], provisions shall
provide for storm protection internally to the dwelling or dwelling unit.
B. Storm shelters internal to the dwelling or dwelling unit shall be provided in
a bathroom or laundry room so as to ensure accessibility and that the
storm shelter is not obstructed by storage.
C. Compliance with this requirement shall be based upon Federal
Emergency Management Agency (FEMA) P-320 guidelines and
standards, except that the shelter door shall be solid core construction
(not limited to metal) and only one deadbolt lock shall be required.
Section 4. Section 20-19-4.A of the Zoning Ordinance (Fences) shall be
amended to read as follows:
A. Administrative Permit Required: It is unlawful for any person hereafter to
construct or cause to be constructed or erected within the City, any fence
within a front yard, within a residential bufferyard, or a property line fence
without first making an application for and securing an administrative
permit, which shall be treated as a formal agreement as to the
construction and location of the proposed fence between the City and
applicant in accordance with Section 20-8-4 of the Zoning Ordinance.
Section 5. Section 20-19-4.F.3 of the Zoning Ordinance (Fences) shall be
amended to read as follows:
3. The property owner shall execute an acknowledgement of the
easement encroachment that is to be recorded by the City at Wright
County with the title of the property.
Section 6. Section 20-51-6.0 of the Zoning Ordinance (A-1 District Lot
Requirements) is hereby amended to read as follows:
C. Principal Structure Setbacks:
Front Yard:
Setbacks Setbacks
From From Right
Centerline of -Way Lines
a Arterial/Major Collector Street: 130 feet 65 feet
b. Local Street: 65 feet 35 feet
2. Side Yard:
a. Interior: Ten (10) feet.
b Corner: As required for front yard.
3. Rear Yard: .
a. Interior: Fifty (50) feet.
b. Through lot: As reauired for front yard.
Section 7. Section 20-52-6.0 of the Zoning Ordinance (A-2 District Lot
Requirements) is hereby amended to read as follows:
C. Principal Structure Setbacks:
Front Yard:
130 feet
65 feet
RrinnipalI/i-ry irrer Arterial Stream
m 130 feet 6eet elleGtOrrStrc�z�t
65 feet 35 feet I ^eal Street
35 fe f 35 feet Frem G it De SaG Right _nf_\/1 a
4
Setbacks Setbacks
From From Right
Centerline of -Way Lines
a Arterial/Major Collector Street: 130 feet 65 feet
b. Local Street: 65 feet 35 feet
2. Side Yard:
a. Interior: Ten (10) feet.
b Corner: As required for front yard.
3. Rear Yard:
a. Interior: Fifty (50) feet.
b. Through lot: As required for front yard.
Section 8. Section 20-60-8.0 of the Zoning Ordinance (R-C District Lot
Requirements) is hereby amended to read as follows:
C. Principal Structure Setbacks:
1. Front Yard:
Setbacks Setbacks
From From Rigrhrt
Gentor"no of Way Lines o-rc
Read ('I�s
coua��u
.• 2
M
Setbacks Setbacks
From From Right
Centerline of -Way Lines
a. Arterial/Major Collector Street: 130 feet 65 feet
b. Local Street: 65 feet 35 feet
2. Side Yard:
a. Interior: Fifteen (15) feet.
b. Corner: As required for front yard.
3. Rear Yard:
a. Interior: Fifty (50) feet.
b. Through lot: As required for front yard.
Section 9. Section 20-61-6.13 of the Zoning Ordinance (R-1 District Lot
Requirements) is hereby amended to read as follows:
B. Principal Structure Setbacks:
1. Front Yard:
Setbacks Setbacks
From From Right
Centerline of -Way Lines
a. Arterial/Major Collector Street: 130 feet 65 feet
b. Local Street: 65 feet 35 feet
2. Side Yard:
a. Interior: Ten (10) feet.
b. Corner: As required for front vard.
3. Rear Yard:
a. Interior: Fifty (50) feet.
b. Through lot: As required for front vard.
Section 10. Section 20-62-6.13 of the Zoning Ordinance (R-2 District Lot
Requirements) is hereby amended to read as follows:
B. Principal Structure Setbacks:
Front Yard:
Setbacks Setbacks
From From Right
Centerline of -Way Lines
a. Arterial/Major Collector Street: 130 feet 65 feet
b. Local Street: 65 feet 35 feet
2. Side Yard:
a. Interior: Ten (10) feet.
b. Corner: As required for front vard.
3. Rear Yard:
a. Interior: Fifty (50) feet.
b. Through lot: As required for front vard.
Section 11. Section 20-63-6.B of the Zoning Ordinance (R-3 District Lot
Requirements) is hereby amended to read as follows:
B. Principal Structure Setbacks:
Front Yard:
- - - --
-- ... - - .. .. - -•-
Setbacks Setbacks
From From Right
Centerline of -Way Lines
a. Arterial/Major Collector Street: 130 feet 65 feet
b. Local Street: 65 feet 35 feet
2. Side Yard:
E:3
a. Interior: Ten (10) feet.
b. Corner: As required for front yard.
Rear Yard:
a. Interior: Fifty (50) feet.
b. Through lot. As required for front yard.
Section 12. Section 20-64-4 of the Zoning Ordinance (R-4A District Accessory
Uses) is hereby amended to include the following provisions:
K. Secondary dwelling unit within a single family shall be allowed subject to
approval of an administrative permit pursuant to Section 8 of this Chapter
in compliance with the following performance standards:
1. The desian and construction of the principal buildinq is not a two-
family dwelling as defined by the Zoning Ordinance.
2. There shall be an interior connection between the main living area
and accessory living quarters that is able to be unlocked from each
side of the connection and that is not secured by a deadbolt or
keyed lockset.
3. The principal building shall be served by single municipal water,
sanitary sewer. gas and/or electric utility service lines each with a
single meter for the respective utility where applicable.
4 The principal building shall have one heating and air conditioning
s sy tern.
5. There shall be a minimum of three (3) garage stalls havjna direct
exterior access not in a tandem arrangement) attached to the
principal building with a driveway access in front of each stall so as
to allow direct vehicle maneuvering to each of the stalls.
6. The property shall have one street address.
Section 13. Section 20-64-6.13 of the Zoning Ordinance (R-4A District Lot
Requirements) is hereby amended to read as follows:
Principal Structure Setbacks:
Front Yard:
Setbacks Setbacks
From From Right
Centerline of -Way Lines
a Arterial/Major Collector Street: 130 feet 65 feet
b. Local Street: 65 feet 35 feet
2. Side Yard:
a. Interior: Ten (10) feet.
b. Corner: As required for front yard.
3. Rear Yard:
a. Interior: Twenty (20) feet.
b. Through lot: As required for front yard.
Section 14. Section 20-65-4 of the Zoning Ordinance (R-4 District Accessory
Uses) is hereby amended to include the following provisions:
K. Secondary dwelling unit within a single family shall be allowed subject to
approval of an administrative permit pursuant to Section 8 of this Chapter
in compliance with the following performance standards:
10
1. The design and construction of the principal building is not a two-
family dwelling as defined by the Zoning Ordinance.
2 There shall be an interior connection between the main living area
and accessory living quarters that is able to be unlocked from each
side of the connection and that is not secured by a deadbolt or
keyed lockset.
3. The principal building shall be served by single municipal water,
sanitary sewer, gas and/or electric utility service lines each with a
single meter for the respective utility where applicable.
4 The principal building shall have one heating and air conditioning,
s sy tem.
5 There shall be a minimum of three (3) garage stalls having direct
exterior access not in a tandem arrangement) attached to the
6 The property shall have one street address.
Section 15. Section 20-65-6.13 of the Zoning Ordinance (R-4 District Lot
Requirements) is hereby amended to read as follows:
B. Principal Structure Setbacks:
Front Yard:
11
Setbacks Setbacks
From From Right
Centerline of -Way Lines
P. Arterial/Major Collector Street: 130 feet 65 feet
b. Local Street: 65 feet 35 feet
Side Yard:
a. Interior: Ten (10) feet.
b. Corner: As required for front vard.
Rear Yard:
a. Interior: Twenty (20) feet.
b. Through lot: As required for front vard.
Section 16. Section 20-66-4 of the Zoning Ordinance (R-5 District Accessory
Uses) is hereby amended to include the following provisions:
K. Secondary dwelling unit within a single family shall be allowed subject to
approval of an administrative permit pursuant to Section 8 of this Chapter
in compliance with the following performance standards:
1. The desian and construction of the principal buildnna is not a two
family dwelling as defined by the Zoning Ordinance.
2 There shall be an interior connection between the main living area
and accessory living quarters that is able to be unlocked from each
side of the connection and that is not secured by a deadbolt or
keyed lockset.
3 The principal building shall be served by single municipal water,
sanitary sewer, gas and/or electric utility service lines each with a
single meter for the respective utility where applicable.
4. The principal building shall have one heating and air conditioning
system.
5 There shall be a minimum of three (3) garage stalls havjng direct
exterior access (not in a tandem arrangement) attached to the
principal building with a driveway access in front of each stall so as
to allow direct vehicle maneuvering to each of the stalls.
12
6 The property shall have one street address.
Section 17. Section 20-66-6.0 of the Zoning Ordinance (R-5 District Lot
Requirements) is hereby amended to read as follows:
C. Principal Structure Setbacks:
1. Front Yard:
Setbacks SetbaGks-
(/From From Right
Genter"ne ref Way des Read Class,
MWONCTa
0 . .. •
Setbacks Setbacks
From From Right
Centerline of -Way Lines
a Arterial/Major Collector Street: 130 feet 65 feet
b. Local Street
(1) Principal building: 55 feet 25 feet
(2) Garage face: 60 feet 30 feet
2. Side Yard:
a Single Fam4y nterior: Seven (7) feet.
b Qther l see Corner: Ton (10) foe+°s required for front yard.
3. Rear Yard:
a. Interior: Twenty (20) feet.
13
b. Through lot: As required for front yard.
Section 18. Section 20-67-4 of the Zoning Ordinance (R-6 District Accessory
Uses) is hereby amended to include the following provisions:
L. Secondary dwelling unit within a single family shall be allowed subject to
approval of an administrative permit pursuant to Section 8 of this Chapter
in compliance with the following performance standards:
1. The design and construction of the principal building is not a two-
family dwelling as defined by the Zoning Ordinance.
2. There shall be an interior connection between the main living area
and accessory living quarters that is able to be unlocked from each
side of the connection and that is not secured by a deadbolt or
keyed lockset.
3. The principal building shall be served by single municipal water.
sanitary sewer, gas and/or electric utility service lines each with a
single meter for the respective utility where applicable.
4. The principal building shall have one heating and air conditioning
s sy tem.
5. There shall be a minimum of three (3) garage stalls having direct
exterior access not in a tandem arrangement) attached to the
principal building with a driveway access in front of each stall so as
to allow direct vehicle maneuvering to each of the stalls.
6. The property shall have one street address.
Section 19. Section 20-67-6.B of the Zoning Ordinance (R-6 District Lot
Requirements) is hereby amended to read as follows:
' • . - • .•9P-T!M:lVtvT�ln:fililr_ti-irN�7.
Front Yard:
From From Right
GeRtorlune of Way Lines Read Class,
14
Setbacks Setbacks
From From Right
Centerline of -Way Lines
a. Arterial/Major Collector Street: 130 feet 65 feet
b. Local Street
1) Principal building: 55 feet 25 feet
2) Garage face: 60 feet 30 feet
2. Side Yard:
a Single Farn4ylnterior: Seven (7) feet.
b Other Use Corner: Ton (10) feetos required for front yard.
3. Rear Yard:
a. Interior: Twenty (20) feet.
b. Through lot: As required for front yard.
Section 20. Section 20-68-6.13 of the Zoning Ordinance (R-7 District Lot
Requirements) is hereby amended to read as follows:
B. Principal Structure Setbacks:
Front Yard:
Setbacks S etha Gks-
From Grnm Right
Centerline of Way Lines Read Class
15
WINE-0-
W. • •
•Wo
Setbacks Setbacks
From From Right
Centerline of -Way Lines
a Arterial/Major Collector Street: 130 feet 65 feet
b. Local Street: 65 feet 35 feet
2. Side Yard:
a. Interior: Ten (10) feet.
b. Corner: As required for front vard.
3. Rear Yard:
a. Interior: Twenty (20) feet.
b. Through lot: As required for front yard.
Section 21. This Ordinance shall become effective immediately upon its
passage and publication.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
IN,
ADOPTED by the City Council of the City of Otsego this day of
, 2016.
ATTEST:
Tami Loff, City Clerk
17
CITY OF OTSEGO
w
Jessica L. Stockamp, Mayor
ORDINANCE NO.: 2016-11
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
OTSEGO.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Section 20-16-5 of the Zoning Ordinance (Drainage Plans) shall be
amended to include the following provisions:
G. Security:
The developer shall provide the City financial security in the form of
a cash escrow or letter of credit for required grading, landscape,
and driveway improvements required by this Chapter as a condition
of subdivision approval and/or issuance of a building permit; letters
of credit must be from a state or federally chartered bank or savings
and loan association, insured by the Federal Deposit Insurance
Corporation, that has an office in the state of Minnesota or a
subsidiary of such bank or savings association with an office in the
state of Minnesota.
2. An as built certificate of survey shall be submitted to verify that the
final as built grades and elevations of the lot and building setbacks
are consistent with the approved grading plan for the development
and amendments as approved by the City Engineer, that all
required property monuments are in place, and verify that all
required landscaping and driveway improvements are completed.
3. If the developer fails to perform required grading, landscape, or
driveway improvements, or submit an as built certificate of survey
as required by this Chapter within one (1) year from the date of
occupancy, the security is forfeited to the City and may be used by
the City to cure any default; the property owner shall further agree
to be responsible for all costs incurred by the City that exceed the
amount of the security forfeited.
Section 2. Section 20-17-4.C. of the Zoning Ordinance (Building Type and
Construction) is hereby amended to add the following provisions:
2. Detached Townhomes, Two -Family, and Townhouses:
a. The exterior of detached townhome and two-family dwelling
units shall include a variation in building materials which are
to be distributed throughout the building elevations and
coordinated into the architectural design of the structure to
create an architecturally balanced appearance.
b. A minimum of twenty five (25) percent of the area of the front
elevation of a structure, including the sides of an attached
garage forward of the dwelling unit, shall have an exterior
finish of brick, stucco and/or natural or artificial stone.
C. Except for brick, stucco, natural or artificial stone, or cement
or wood fiber board, no single elevation shall have more
than twenty five (25) percent of one type of exterior finish.
d. For developments with more than three (3) principal
buildings, the developer shall specify a minimum of four
color packages for siding, trim, and shutters with no color
package used for more than thirty (30) percent of the exterior
finish for the total number of dwelling units.
3. Multiple Family Buildings:
a. A minimum of fifty (50) percent of the combined area of all
elevations of a principal building shall have an exterior finish
of brick or brick CMU, stucco and/or natural or artificial
stone.
b. Except for brick or brick CMU, stucco, natural or artificial
stone, rock face block, or cement or wood fiber board, no
single elevation shall have more than twenty five (25)
percent of one type of exterior finish.
Section 3. Section 17 of the Zoning Ordinance (General Yard, Lot Area and
Building Requirements) is hereby amended to add the following provisions:
20-17-12: STORM SHELTER:
0j
A. For any dwelling or dwelling unit that is constructed slab on -grade within a
preliminary plat approved after [EFFECTIVE DATE], provisions shall
provide for storm protection internally to the dwelling or dwelling unit.
B. Storm shelters internal to the dwelling or dwelling unit shall be provided in
a bathroom or laundry room so as to ensure accessibility and that the
storm shelter is not obstructed by storage.
C. Compliance with this requirement shall be based upon Federal
Emergency Management Agency (FEMA) P-320 guidelines and
standards, except that the shelter door shall be solid core construction
(not limited to metal) and only one deadbolt lock shall be required.
Section 4. Section 20-19-4.A of the Zoning Ordinance (Fences) shall be
amended to read as follows:
A. Administrative Permit Required: It is unlawful for any person hereafter to
construct or cause to be constructed or erected within the City, any fence
within a front yard, within a residential bufferyard, or a property line fence
without first making an application for and securing an administrative
permit, which shall be treated as a formal agreement as to the
construction and location of the proposed fence between the City and
applicant in accordance with Section 20-8-4 of the Zoning Ordinance.
Section 5. Section 20-19-4.F.3 of the Zoning Ordinance (Fences) shall be
amended to read as follows:
3. The property owner shall execute an acknowledgement of the
easement encroachment that is to be recorded by the City at Wright
County with the title of the property.
Section 6. Section 20-51-6.0 of the Zoning Ordinance (A-1 District Lot
Requirements) is hereby amended to read as follows:
C. Principal Structure Setbacks:
1. Front Yard:
3
Setbacks Setbacks
From From Right
Centerline of -Way Lines
a.
Arterial/Major Collector Street: 130 feet 65 feet
b.
Local Street:
65 feet 35 feet
2. Side Yard:
a.
Interior:
Ten (10) feet.
b.
Corner:
As required for front yard.
3. Rear
Yard:
a.
Interior:
Fifty (50) feet.
b.
Through lot:
As required for front yard.
Section 7. Section 20-52-6.0 of the Zoning Ordinance (A-2 District Lot
Requirements) is hereby amended to read as follows:
C. Principal Structure Setbacks:
1. Front Yard:
Setbacks
Setbacks
From
From Right
Centerline
of -Way Lines
a.
Arterial/Major Collector Street: 130 feet
65 feet
b.
Local Street:
65 feet
35 feet
2. Side Yard:
a.
Interior:
Ten (10) feet.
b.
Corner:
As required for front yard.
3. Rear
Yard:
a.
Interior:
Fifty (50) feet.
b.
Through lot:
As required for front yard.
Is
Section 8. Section 20-60-8.0 of the Zoning Ordinance (R-C District Lot
Requirements) is hereby amended to read as follows:
C. Principal Structure Setbacks:
1. Front Yard:
Setbacks
Setbacks
From
From Right
Centerline
of -Way Lines
a.
Arterial/Major Collector Street: 130 feet
65 feet
b.
Local Street:
65 feet
35 feet
2. Side Yard:
a.
Interior:
Fifteen (15) feet.
b.
Corner:
As required for front yard.
3. Rear
Yard:
a.
Interior:
Fifty (50) feet.
b.
Through lot:
As required for front yard.
Section 9. Section 20-61-6.13 of the Zoning Ordinance (R-1 District Lot
Requirements) is hereby amended to read as follows:
B. Principal Structure Setbacks:
1. Front Yard:
a. Arterial/Major Collector Street:
b. Local Street:
2. Side Yard:
61
Setbacks Setbacks
From
From Right
Centerline
of -Way Lines
130 feet
65 feet
65 feet
35 feet
a. Interior: Ten (10) feet.
b. Corner: As required for front yard.
3. Rear Yard:
a. Interior: Fifty (50) feet.
b. Through lot: As required for front yard.
Section 10. Section 20-62-6.13 of the Zoning Ordinance (R-2 District Lot
Requirements) is hereby amended to read as follows:
B. Principal Structure Setbacks:
1. Front Yard:
Setbacks
Setbacks
From
From Right
Centerline
of -Way Lines
a.
Arterial/Major Collector Street: 130 feet
65 feet
b.
Local Street:
65 feet
35 feet
2. Side Yard:
a.
Interior:
Ten (10) feet.
b.
Corner:
As required for front yard.
3. Rear
Yard:
a.
Interior:
Fifty (50) feet.
b.
Through lot:
As required for front yard.
Section 11. Section 20-63-6.13 of the Zoning Ordinance (R-3 District Lot
Requirements) is hereby amended to read as follows:
B. Principal Structure Setbacks:
1. Front Yard:
6
a. Arterial/Major Collector Street
b. Local Street:
2. Side Yard:
a. Interior:
b. Corner:
3. Rear Yard:
a. Interior:
Setbacks Setbacks
From From Right
Centerline of -Way Lines
130 feet 65 feet
65 feet 35 feet
Ten (10) feet.
As required for front yard.
Fifty (50) feet.
b. Through lot: As required for front yard.
Section 12. Section 20-64-4 of the Zoning Ordinance (R-4A District Accessory
Uses) is hereby amended to include the following provisions:
K. Secondary dwelling unit within a single family shall be allowed subject to
approval of an administrative permit pursuant to Section 8 of this Chapter
in compliance with the following performance standards:
1. The design and construction of the principal building is not a two-
family dwelling as defined by the Zoning Ordinance.
2. There shall be an interior connection between the main living area
and accessory living quarters that is able to be unlocked from each
side of the connection and that is not secured by a deadbolt or
keyed lockset.
3. The principal building shall be served by single municipal water,
sanitary sewer, gas and/or electric utility service lines each with a
single meter for the respective utility where applicable.
4. The principal building shall have one heating and air conditioning
system.
A
5. There shall be a minimum of three (3) garage stalls having direct
exterior access (not in a tandem arrangement) attached to the
principal building with a driveway access in front of each stall so as
to allow direct vehicle maneuvering to each of the stalls.
6. The property shall have one street address.
Section 13. Section 20-64-6.13 of the Zoning Ordinance (R-4A District Lotl
Requirements) is hereby amended to read as follows:
B. Principal Structure Setbacks:
1. Front Yard:
Setbacks Setbacks
From From Right
Centerline of -Way Lines
a. Arterial/Major Collector Street: 130 feet 65 feet
b. Local Street:
2. Side Yard:
a. Interior:
b. Corner:
3. Rear Yard:
65 feet 35 feet
Ten (10) feet.
As required for front yard.
a. Interior: Twenty (20) feet.
b. Through lot: As required for front yard.
Section 14. Section 20-65-4 of the Zoning Ordinance (R-4 District Accessory
Uses) is hereby amended to include the following provisions:
K. Secondary dwelling unit within a single family shall be allowed subject to
approval of an administrative permit pursuant to Section 8 of this Chapter
in compliance with the following performance standards:
1. The design and construction of the principal building is not a two-
family dwelling as defined by the Zoning Ordinance.
8
2. There shall be an interior connection between the main living area
and accessory living quarters that is able to be unlocked from each
side of the connection and that is not secured by a deadbolt or
keyed lockset.
3. The principal building shall be served by single municipal water,
sanitary sewer, gas and/or electric utility service lines each with a
single meter for the respective utility where applicable.
4. The principal building shall have one heating and air conditioning
system.
5. There shall be a minimum of three (3) garage stalls having direct
exterior access (not in a tandem arrangement) attached to the
principal building with a driveway access in front of each stall so as
to allow direct vehicle maneuvering to each of the stalls.
6. The property shall have one street address.
Section 15. Section 20-65-6.13 of the Zoning Ordinance (R-4 District Lot
Requirements) is hereby amended to read as follows:
B. Principal Structure Setbacks:
1. Front Yard:
a. Arterial/Major Collector Street
b. Local Street:
2. Side Yard:
a. Interior:
b. Corner:
3. Rear Yard:
a. Interior:
Ten (10) feet.
Setbacks
Setbacks
From
From Right
Centerline
of -Way Lines
130 feet
65 feet
65 feet, 35 feet
As required for front yard.
Twenty (20) feet.
9
b. Through lot: As required for front yard.
Section 16. Section 20-66-4 of the Zoning Ordinance (R-5 District Accessory
Uses) is hereby amended to include the following provisions:
K. Secondary dwelling unit within a single family shall be allowed subject to
approval of an administrative permit pursuant to Section 8 of this Chapter
in compliance with the following performance standards:
1. The design and construction of the principal building is not a two-
family dwelling as defined by the Zoning Ordinance.
2. There shall be an interior connection between the main living area
and accessory living quarters that is able to be unlocked from each
side of the connection and that is not secured by a deadbolt or
keyed lockset.
3. The principal building shall be served by single municipal water,
sanitary sewer, gas and/or electric utility service lines each with a
single meter for the respective utility where applicable.
4. The principal building shall have one heating and air conditioning
system.
5. There shall be a minimum of three (3) garage stalls having direct
exterior access (not in a tandem arrangement) attached to the
principal building with a driveway access in front of each stall so as
to allow direct vehicle maneuvering to each of the stalls.
6. The property shall have one street address.
Section 17. Section 20-66-6.0 of the Zoning Ordinance (R-5 District Lot
Requirements) is hereby amended to read as follows:
C. Principal Structure Setbacks:
1. Front Yard:
10
Setbacks Setbacks
From From Right
Centerline of -Way Lines
a. Arterial/Major Collector Street: 130 feet 65 feet
b. Local Street
(1) Principal building: 55 feet 25 feet
(2) Garage face: 60 feet 30 feet
2. Side Yard:
a. Interior: Seven (7) feet.
b. Corner: As required for front yard.
3. Rear Yard:
a. Interior: Twenty (20) feet.
b. Through lot: As required for front yard.
Section 18. Section 20-67-4 of the Zoning Ordinance (R-6 District Accessory
Uses) is hereby amended to include the following provisions:
L. Secondary dwelling unit within a single family shall be allowed subject to
approval of an administrative permit pursuant to Section 8 of this Chapter
in compliance with the following performance standards:
1. The design and construction of the principal building is not a two-
family dwelling as defined by the Zoning Ordinance.
2. There shall be an interior connection between the main living area
and accessory living quarters that is able to be unlocked from each
side of the connection and that is not secured by a deadbolt or
keyed lockset.
3. The principal building shall be served by single municipal water,
sanitary sewer, gas and/or electric utility service lines each with a
single meter for the respective utility where applicable.
4. The principal building shall have one heating and air conditioning
system.
11
5. There shall be a minimum of three (3) garage stalls having direct
exterior access (not in a tandem arrangement) attached to the
principal building with a driveway access in front of each stall so as
to allow direct vehicle maneuvering to each of the stalls.
6. The property shall have one street address.
Section 19. Section 20-67-6.13 of the Zoning Ordinance (R-6 District Lot
Requirements) is hereby amended to read as follows:
B. Principal Structure Setbacks:
1. Front Yard:
a. Arterial/Major Collector Street:
b. Local Street
(1) Principal building:
(2) Garage face:
2. Side Yard:
Setbacks
Setbacks
From
From Right
Centerline
of -Way Lines
130 feet
65 feet
55 feet
60 feet
a. Interior: Seven (7) feet.
b. Corner: As required for front yard.
3. Rear Yard:
a. Interior: Twenty (20) feet.
b. Through lot: As required for front yard.
25 feet
30 feet
Section 20. Section 20-68-6.13 of the Zoning Ordinance (R-7 District Lot
Requirements) is hereby amended to read as follows:
B. Principal Structure Setbacks:
12
1. Front Yard:
1. Front Yard:
Setbacks
Setbacks
From
From Right
Centerline
of -Way Lines
a.
Arterial/Major Collector Street: 130 feet
65 feet
b.
Local Street:
65 feet
35 feet
2. Side Yard:
a.
Interior:
Ten (10) feet.
b.
Corner:
As required for front yard.
3. Rear
Yard:
a.
Interior:
Twenty (20) feet.
b.
Through lot:
As required for front yard.
Section 21. This Ordinance shall become effective immediately upon its
passage and publication.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED :by the City Council of the City of Otsego this day of
2016.
CITY OF OTSEGO
BY:
Jessica L. Stockamp, Mayor
13
ATTEST:
Tami Loff, City Clerk
14
SUMMARY OF ORDINANCE NO.: 2016-11
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
OTSEGO.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Section 20-16-5 of the Zoning Ordinance (Drainage Plans) shall be
amended to include provisions regarding required securities.
Section 2. Section 20-17-4.C. of the Zoning Ordinance (Building Type and
Construction) is hereby amended to add provisions establishing exterior material
requirements for detached townhomes, two-family, townhouses, and multiple family
uses.
Section 3. Section 17 of the Zoning Ordinance (General Yard, Lot Area and
Building Requirements) is hereby amended to add provisions requiring constructionof a
storm shelter for any slab -on -grade dwelling unit.
Section 4. Section 20-19-4.A of the Zoning Ordinance (Fences) shall be
amended to clarify provisions related to issuance of an administrative permit for
construction of a fence.
Section 5. Section 20-19-4.F.3 of the Zoning Ordinance (Fences) shall be
amended to clarify recording of a document allowing encroachment into a drainage and
utility easement.
Section 6. Section 20-51-6.0 of the Zoning Ordinance (A-1 District Lot
Requirements) is hereby amended to specify setbacks applicable to yards abutting a
public right-of-way.
Section 7. Section 20-52-6.0 of the Zoning Ordinance (A-2 District Lot
Requirements) is hereby amended to specify setbacks applicable to yards abutting a
public right-of-way.
Section 8. Section 20-60-8.0 of the Zoning Ordinance (R-C District Lot
Requirements), is hereby amended to specify setbacks applicable to yards abutting a
public right-of-way.
Section 9. Section 20-61-6.13 of the Zoning Ordinance (R-1 District Lot
Requirements) is hereby amended to specify setbacks applicable to yards abutting a
public right-of-way.
Section 10. Section 20-62-6.B of the Zoning Ordinance (R-2 District Lot
Requirements) is hereby amended to specify setbacks applicable to yards abutting a
public right-of-way.
Section 11. Section 20-63-6.13 of the Zoning Ordinance (R-3 District Lot
Requirements) is hereby amended to specify setbacks applicable to yards abutting a
public right-of-way.
Section 12. Section 20-64-4 of the Zoning Ordinance (R-4A District Accessory
Uses) is hereby amended to include allowance of secondary dwelling units.
Section 13. Section 20-64-6.13 of the Zoning Ordinance (R-4A District Lot
Requirements) is hereby amended to specify setbacks applicable to yards abutting a
public right-of-way.
Section 14. Section 20-65-4 of the Zoning Ordinance (R-4 District Accessory
Uses) is hereby amended to include allowance of secondary dwelling units.
Section 15. Section 20-65-6.B of the Zoning Ordinance (R-4 District Lot
Requirements) is hereby amended to specify setbacks applicable to yards abutting a
public right-of-way.
Section 16. Section 20-66-4 of the Zoning Ordinance (R-5 District Accessory
Uses) is hereby amended to include allowance of secondary dwelling units.
Section 17. Section 20-66-6.0 of the Zoning Ordinance (R-5 District Lot
Requirements) is hereby amended to specify setbacks applicable to yards abutting a
public right-of-way.
Section 18. Section 20-67-4 of the Zoning Ordinance (R-6 District Accessory
Uses) is hereby amended to include allowance of secondary dwelling units.
Section 19. Section 20-67-6.13 of the Zoning Ordinance (R-6 District Lot
Requirements) is hereby amended to specify setbacks applicable to yards abutting a
public right-of-way.
Section 20. Section 20-68-6.13 of the Zoning Ordinance (R-7 District Lot
Requirements) is hereby amended to specify setbacks applicable to yards abutting a
2
public right-of-way.
Section 21. This Ordinance shall become effective immediately upon its
passage and publication.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 26th day of
September, 2016.
CITY OF OTSEGO
Jessica 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 City Clerk, Otsego City Hall, 13400 90th Street
NE, Otsego, Minnesota 55330 during regular office hours.
3