This title shall be known and may be cited as the ZONING ORDINANCE OF THE CITY OF OTSEGO. (Prior Code § 20-1-1)

The purpose of this title is to promote and protect the public health, safety and general welfare, by regulating the location and size of buildings and other structures; the percentage of a lot which may be occupied; the size of yards and other open spaces; the density and distribution of population; the uses of buildings and structures for trade, industry, residence, recreation, public activities or other purposes; and the use of land for trade, industry, residence, recreation, agriculture, forestry, soil conservation, water supply conservation, conservation of shorelands, flood control and other purposes, and establishing standards and procedures regulating such uses. (Prior Code § 20-1-2)

It is the policy of the City that the enforcement, amendment, and administration of this title be accomplished with due consideration of the recommendations contained in the City Comprehensive Plan as developed and amended from time to time by the Planning Commission and City Council. The City Council recognizes the City Comprehensive Plan as the policy for guiding land use and development in accordance with the policies and purpose herein set forth. (Prior Code § 20-1-3)

   A.   More Restrictive Provisions To Govern: Where the conditions imposed by any provisions of this title are either more restrictive or less restrictive than comparable conditions imposed by any other law, ordinance, code, statute, resolution or regulation, the regulations which are more restrictive or impose higher standards or requirements shall prevail.

   B.   Minimum Requirements: The standards set forth in this title are minimum requirements. The City may impose additional or more stringent zoning requirements as deemed appropriate to promote and protect the public health, safety and general welfare of the community.

   C.   Compliance With Provisions: No building or structure shall be erected, converted, enlarged, constructed, reconstructed, moved or altered, and no building, structure or land shall be used for any purpose nor in any manner which is not in conformity with the provisions of this title and without a building permit being issued when required by this Code.

   D.   Building Occupancy: Except as herein provided, no building, structure or premises shall hereafter be used or occupied and no building permit shall be granted that does not conform to the requirements of this title.

   E.   Nonreduction Of Yards Or Lots: No yard or lot existing at effective date hereof shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date hereof shall meet at least the minimum requirements established by this title.

   F.   Regulation Application: In their application, these regulations shall not abrogate any easement, covenant, or any other private agreement where such is legally enforceable; provided, that where the regulations of this title are more restrictive or impose higher standards or requirements than such easements, covenants, or other private agreements, the requirements of this title shall be controlling. (Prior Code § 20-1-4)

Whenever in any zoning district a use is neither specifically permitted nor denied, the use shall be considered prohibited. In such cases, the City Council or the Planning Commission, on their own initiative or upon application by a property owner, may conduct a study to determine if the use is acceptable and, if so, what zoning district would be most appropriate and the determination as to conditions and standards relating to development of the use. The City Council, Planning Commission, or property owner, upon receipt of the staff study shall, if appropriate, initiate an amendment to this title to provide for the particular use under consideration or shall find that the use is not compatible for development within the City. (Prior Code § 20-1-5)

Any established use or building legally existing prior to the effective date hereof and which is now classified as a conditional or interim use may be continued in like fashion and activity and shall automatically be considered as having received conditional or interim use permit approval. Any change to such a use, or any other subsequently approved conditional or interim use, shall, however, require a new conditional or interim use permit to be processed according to this title. (Prior Code § 20-1-6)

It is hereby declared to be the intention of the City that the several provisions of this title are separable in accordance with the following:

   A.   If any court of competent jurisdiction shall adjudge any provision of this title to be invalid, such judgment shall not affect any other provisions of this title not specifically included in said judgment.

   B.   If any court of competent jurisdiction shall adjudge invalid the application of any provision of this title to a particular property, building, or other structure, such judgment shall not affect the application of said provision to any other property, building, or structure not specifically included in said judgment. (Prior Code § 20-1-7)

   A.   Fees And Charges: Fees and charges, as well as expenses incurred by the City for engineering, planning, attorney, and other services related to the processing of applications required by this title, as well as for public hearings, special meetings, or other such City Council or Planning Commission actions as are necessary to process applications, shall be as set out in section 3-1-2 of this Code.

   B.   Escrow: An escrow deposit required in section 3-1-2 of this Code shall be used for payment of all costs incurred for City in the processing of an application required by this title:

      1.   All costs incurred for City staff and consultants directly related to processing of an application required by this title including preparation of reports or studies, attendance at staff or public meetings, and any other expenses incurred with processing of an application.

      2.   The property owner shall reimburse the escrow account for any deficits caused if the amount actually expended by or billed to the City exceeds the fund balance.

      3.   The City shall refund any amount deposited in the escrow account not expended within ninety (90) calendar days after final action on the application.

   C.   Development Application: Fees, charges, and estimated expenses for the processing of a development application required by this title shall be collected prior to City action on any application. The fees shall be deposited in City accounts. The applicant shall not be paid interest on the fees required by this section.

   D.   Fees And Expenses To Be Paid: All fees and expenses incurred by the City are to be paid whether the application is approved or denied.

   E.   Owner Of The Property: The owner of the property subject to the application required by this title shall be responsible for all costs incurred by the City in processing said application and enforcing the terms of any agreements relating to the application in accordance with Minnesota Statutes chapter 462.353, subd. 4a.

   F.   Unpaid Expenses:

      1.   All unpaid expenses incurred by the City under this Code not covered by the escrow will be charged against the property subject to the application and will be the responsibility of the property owner pursuant to Minnesota Statutes chapter 462.353.

      2.   The property owner shall be invoiced for the City's costs to where Property Tax statements are sent by the County to be paid within thirty (30) days of the date of the invoice.

      3.   Should the property owner not reimburse the City as required by this section, the City shall be authorized to certify said unreimbursed costs plus interest to the County Auditor for payment with the property owner's Property Taxes with interest and said certified amounts shall constitute a lien against the property that shall be collected and enforced in the same manner as general Property Taxes pursuant to Minnesota Statutes chapter 429.101. (Ord. 2019-04, 2-11-2019)

This title is enacted pursuant to the authority granted by the Municipal Planning Act, Minnesota Statutes sections 462.351 to 462.363. (Prior Code § 20-1-9)