ORD 16-11SUMMARY 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
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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 20-62-6.13 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 20-65-6.13 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: Heidner
SECOND BY: Darkenwald
ALL IN FAVOR: Stockamp, Heidner, Darkenwald
THOSE OPPOSED: None
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 901h Street
NE, Otsego, Minnesota 55330 during regular office hours.
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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:
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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
title of the property.
County with the
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:
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:
From
a.
Interior:
Ten (10) feet.
b.
Corner:
As required for front yard.
3. Rear
Yard:
b.
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:
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.
4
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:
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:
5
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:
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
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.
7
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 Lot'.
Requirements) is hereby amended to read as follows:
B. Principal Structure Setbacks:
1. 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
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:
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:
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: 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 perlmit 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:
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 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:
Section 21. This Ordinance shall become effective immediately upon its
passage and publication.
MOTION BY: Heidner
SECOND BY: Darkenwald
ALL IN FAVOR: Stockamp, Heidner, Darkenwald
THOSE OPPOSED: None
ADOPTED by the City Council of the City of Otsego this 26 day of
S e-p�� 2016.
CITY OF OTSEGO
13
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: Heidner
SECOND BY: Darkenwald
ALL IN FAVOR: Stockamp, Heidner, Darkenwald
THOSE OPPOSED: None
ADOPTED by the City Council of the City of Otsego this 26 day of
S e-p�� 2016.
CITY OF OTSEGO
13
{
ATTEST:
Tami Loff, City Clerk
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