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Otsego City Zoning Code

CHAPTER 52

A-2 AGRICULTURAL-LONG RANGE URBAN SERVICE DISTRICT GENERAL

11-52-1: PURPOSE AND INTENT:

The purpose of the A-2 District is to provide suitable areas of the City to be retained and utilized for low density residential, open space, and/or agricultural uses and to prevent rapid urbanization and provide economy in public expenditures. The A-2 District is further intended to govern and implement the long range urban service area of the City as defined by the Comprehensive Plan. (Prior Code § 20-52-1)

11-52-2: PERMITTED USES:

Subject to applicable provisions of this title, the following are permitted uses in the A-2 District:
   A.   Essential services.
   B.   Farms, farmsteads, farming and agricultural related buildings and structures subject to Minnesota Pollution Control Standards, but not including animal feedlots or other commercial operations.
   C.   Forestry, nurseries, greenhouses, and tree farms excluding retail sales.
   D.   Hobby farms.
   E.   Personal wireless service antennas located upon a public structure, as regulated by chapter 33 of this title.
   F.   Public parks, playgrounds, recreational uses, wildlife areas and game refuges.
   G.   Residential care facilities serving six (6) or fewer persons.
   H.   Secondary dwelling unit within a detached accessory building shall be allowed subject to approval of an administrative permit pursuant to chapter 8 of this title in compliance with the following performance standards:
      1.   The property shall have a minimum area of five (5) acres or greater.
      2.   The detached accessory building shall be setback not more than one hundred feet (100') from the principal building.
      3.   The detached accessory building shall comply with the area, number of structures, and setback provisions of Section 11-18-2 of this title.
      4.   The area of the secondary dwelling unit shall not exceed the gross floor area of the principal building or not greater than one thousand two hundred (1,200) square feet, whichever is less.
      5.   There shall be a minimum of two hundred forty (240) square feet of area designated within an attached garage or detached accessory building upon the property for off-street parking related to the secondary dwelling unit.
      6.   The principal building and detached accessory building with a secondary dwelling unit shall be served by a single well for potable water and a single subsurface treatment system that complies with Title 9, Chapter 5 of the City Code.
      7.   The property shall have one (1) street address.
      8.   There shall be no more than one (1) secondary dwelling per property.
      9.   A deed restriction shall be recorded with the property to prohibit subdivision by which the detached accessory building with a secondary dwelling unit would be a principal building as defined by Section 11-2-2 of this Title.
   I.   Single-family detached dwellings at a density of not more than four (4) dwelling units per forty (40) acres of land. (Prior Code § 20-52-2; amd. Ord. 2020-12, 5-24-2021)

11-52-3: INTERIM USES:

Subject to applicable provisions of this title, the following are interim uses in the A-2 District and are governed by chapter 5 of this title:
   A.   Excavation for transport or importation of fill of more than fifty (50) cubic yards not related to an approved subdivision or site plan; provided, that:
      1.   The use will be in compliance with the provisions of chapters 23 and 24 of this title and other provisions of this Code.
      2.   The interim use permit shall terminate at a date determined by the City Council to be adequate to allow for completion of the operation based upon:
         a.   The quantity of material to be removed and the plan of operation.
         b.   Compatibility with present and future land uses in the area.
         c.   Compliance with the requirements of this title and conditions specific to the interim use permit approval.
   B.   Extended home business as regulated by chapter 29 of this title.
   C.   Farm wineries with tasting rooms. (Prior Code § 20-52-3; amd. 2018 Code)

11-52-4: ACCESSORY USES:

Subject to applicable provisions of this title, the following are permitted accessory uses in the A-2 District:
   A.   Fences.
   B.   Home occupations as regulated by chapter 28 of this title.
   C.   In home daycare serving fourteen (14) or fewer persons in a single-family detached dwelling.
   D.   Operation and storage of such vehicles, equipment and machinery which are incidental and customary to permitted or conditional uses allowed in this district.
   E.   Private garages, parking spaces and carports for licensed and operable passenger cars and trucks.
   F.   Private recreational vehicles and equipment.
   G.   Radio and television receiving antennas including single satellite dish TVROs, short wave radio dispatching antennas, or those necessary for the operation of household electronic equipment including radio receivers, Federal licensed amateur radio stations and television receivers, as regulated by chapter 33 of this title.
   H.   Tool houses, sheds and similar buildings for storage of domestic and farm supplies and noncommercial recreational equipment. (Prior Code § 20-52-4)

11-52-5: CONDITIONAL USES:

Subject to applicable provisions of this title, the following are conditional uses allowed in an A-2 District: (Requires a conditional use permit based upon procedures set forth in and regulated by chapter 4 of this title.)
   A.   Cemeteries; provided, that:
      1.   At minimum, the site accesses on a major collector.
      2.   The site is landscaped in accordance with chapter 19 of this title.
      3.   The provisions of subsection 11-4-2F of this title are considered and determined to be satisfied.
   B.   Commercial outdoor recreational areas including golf courses and country clubs, swimming pools and similar facilities; provided, that:
      1.   The principal use, function or activity is open and outdoor in character.
      2.   Not more than five percent (5%) of the land area up to a maximum of four thousand (4,000) square feet of the site shall be covered by buildings or structures.
      3.   The use will not negatively impact abutting or neighboring existing or potential residential uses.
      4.   When abutting a residential use or a residential use district, the property is screened and landscaped in compliance with chapter 19 of this title.
      5.   The traffic generated by the use can be adequately accommodated (both volume and weight) upon the City streets serving the property upon which the use is located.
      6.   The provisions of subsection 11-4-2F of this title are considered and determined to be satisfied.
   C.   Governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the City; provided, that:
      1.   When abutting a residential use in a residential use district, the property is screened and landscaped in compliance with chapter 19 of this title.
      2.   The provisions of subsection 11-4-2F of this title are considered and determined to be satisfied.
   D.   Mining, sand and gravel extraction, land reclamation and alteration; provided, that:
      1.   The use will be in compliance with the provisions of chapters 23 and 24 of this title and other applicable provisions of this Code.
      2.   The provisions of subsection 11-4-2F of this title are considered and determined to be satisfied.
   E.   Personal wireless service towers and antennas not located on a public structure as regulated by chapter 33 of this title.
   F.   Residential development density rights may be transferred to property under the same ownership for the purpose of preserving productive farmlands; provided, that:
      1.   Lots conform to the minimum standards established for this district.
      2.   The parcels are clustered in a contiguous fashion, except in cases where such clusters may disrupt agricultural activities.
      3.   Each cluster shall not contain more than eight (8) residential parcels.
      4.   The cluster does not adversely affect the adjacent properties.
      5.   A deed restriction shall be placed upon the parcels from which the development rights have been transferred to prohibit additional development.
      6.   The average density of four (4) dwelling units per forty (40) acres is maintained over the area affected.
      7.   The purpose of allowing such transfers is to preserve productive farmlands, and the Planning Commission shall consider the effects and advisability of the transfer(s) on the environment, the surrounding neighborhood and nearby farm operations during its deliberation.
      8.   The sites are capable of accommodating a private well and septic system.
      9.   The division is processed according to the City subdivision ordinance.
      10.   The provisions of subsection 11-4-2F of this title are considered and satisfactorily met.
   G.   Residential lot sizes less than twenty (20) acres in area and less than four hundred fifty feet (450') in width for lots established after October 14, 2002; provided, that:
      1.   There is compliance with all other applicable requirements of section 11-52-6 of this chapter.
      2.   A concept plan utilizing all development rights allowed by subsection 11-52-6B of this chapter is submitted and recorded with the subdivision.
      3.   Lots are to be clustered and the overall subdivision designed in such a manner so as to provide for logical future street and utility extensions.
      4.   No lot shall be less than one acre in size or one hundred fifty feet (150') in width.
      5.   The maximum lot size for clustered lots in the urban service reserve area shall be two and one-half (2.5) acres, except if one of the following conditions is met:
         a.   Topography, soils, wetlands, or other natural features dictate a larger minimum lot area.
         b.   The location of existing buildings cannot be fully accommodated in compliance with applicable setback requirements of subsection 11-52-6C of this chapter.
         c.   One development right as allowed by subsection 11-52-6B of this chapter is used for a dwelling located on the parent parcel outside of the residential cluster.
      6.   A resubdivision plan for future division of each lot with availability of Municipal sanitary sewer service is submitted and recorded on the deed for each lot. Principal and accessory buildings shall be located on each lot in conformance with all present and future setback requirements based on the resubdivision plan.
      7.   A deed restriction is placed on the parcel exercising development rights and all subdivided lots to prohibit additional subdivision unless it conforms to applicable zoning district requirements.
      8.   Each lot is capable of accommodating a private well and septic system.
      9.   The provisions of subsection 11-4-2F of this title are considered and satisfactorily met.
   H.   Medical cannabis businesses existing upon December 9, 2024; provided, that:
      1.   The facility shall be licensed by the State of Minnesota as a medical cannabis businesses in accordance with Minnesota Statutes, chapter 432.
      2.    The traffic generated by the proposed use can be adequately accommodated (both volume and weight) by the streets accessing the property upon which the use is located.
      3.    The principal building shall be constructed with exterior materials as required for uses developed in industrial districts established in chapter 17 of this title.
      4.    All fencing shall comply with the requirements of section 11-19-4 of this title.
      5.    The site shall be landscaped and screened in accordance with chapter 19 of this title.
      6.    All exterior lighting shall comply with the requirements of section 11-16-6 of this title applicable to industrial uses.
      7.    Any odor emissions shall be within the limits established by section 11-16-9 of this title.
      8.    The use shall have adequate sewage disposal facilities in accordance with section 11-16-11 of this title or section 8-1-3 of this Code, as may be applicable.
      9.    All off street parking areas and drive aisles shall be constructed in accordance with the design and construction standards of chapter 21 of this title.
      10.   All loading areas shall be constructed in accordance with the design and construction standards of chapter 22 of this title.
      11.   All signs shall comply with the provisions of chapter 37 of this title.
      12.   The use shall not include any outdoor storage.
   I.   Temporary seasonal sales of products proposed on site (farms only) as regulated by section 11-25-7 of this title. (Prior Code § 11-52-5) (Ord. 2024-14, 12-9-2024)

11-52-6: LOT AREA, DENSITY, AND SETBACK REQUIREMENTS:

The following minimum requirements shall be observed in an A-2 District, subject to additional requirements, exceptions and modifications set forth in this title:
   A.   Lot Area, Width And Depth:
 
Lots Of Record And Preliminary Platted Lots Established Prior To October 14, 2002
Lots Of Record After October 14, 2002
Minimum lot area
1 acre
20 acres
Minimum lot width
150 feet
450 feet
Minimum lot depth
150 feet
None
 
   B.   Density: Not greater than one dwelling unit per ten (10) acres, subject to the following:
      1.   In a complete quarter-quarter section, four (4) parcels may be subdivided, the divisions to be used for residential or hobby farm uses; provided, that:
         a.   Lots conform to the minimum standards established for this district.
         b.   The division covers all lands within the section.
         c.   A deed restriction shall be placed upon the section which is exercising development rights to prohibit additional subdivision, unless it conforms to applicable zoning district requirements.
         d.   The initial quarter-quarter section is under common ownership.
         e.   The division is processed according to the City's subdivision ordinance.
         f.   The sites are capable of accommodating a private well and septic system.
      2.   Quarter-quarter sections containing lots of record as defined by section 11-2-2 of this title, established prior to July 1, 1992; provided, that:
         a.   Lots conform to the minimum standards established for this district.
         b.   A deed restriction shall be placed upon any new parcels which are exercising development rights to prohibit additional subdivision, unless it is conforming to applicable zoning district requirements.
         c.   The division is processed according to the City subdivision ordinance.
         d.   The sites are capable of accommodating a private well and septic system.
   C.   Principal Structure Setbacks:
      1.   Front yard:
 
Setbacks From Centerline
Setbacks From
Right-Of-Way Lines
Arterial/major collector street
130 feet
65 feet
Local street
65 feet
35 feet
 
      2.   Side yards:
         a.   Interior: Ten feet (10').
         b.   Corner: As required for the front yard.
      3.   Rear yard:
         a.   Interior: Fifty feet (50').
         b.   Through lot: As required for the front yard.
   D.   Accessory Structure Setbacks: Accessory structure setbacks are as regulated by section 11-18-2 of this title. (Prior Code § 20-52-6)

11-52-7: BUILDING HEIGHT:

The following minimum requirements shall be observed in an A-2 District, subject to additional requirements, exceptions and modifications set forth in this title:
   A.   The maximum height of all principal buildings shall not exceed two and one-half (21/2) stories or forty five feet (45'). (Prior Code § 20-52-7)
   B.   The height of accessory structures shall be governed by subsection 11-18-2F of this title. (Prior Code § 20-52-7; amd. 2018 Code)