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Otsego City Zoning Code

CHAPTER 70

M-1 MIXED USE DISTRICT

11-70-1: PURPOSE:

The purpose of the M-1 District is to provide for development of commercial areas with opportunity for incorporating multiple family dwellings within areas guided by the Comprehensive Plan for Mixed Use land uses. (Ord. 2025-04, 5-27-2025)

11-70-2: PERMITTED USES:

The following are permitted uses in a M-1 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 (100) kV.
   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.   Offices, general and medical.
   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 chapter 11-33 of this title.
   R.   Retail sales.
   S.   Restaurants (not convenience type).
   T.   Tattoo parlors. (Ord. 2025-04, 5-27-2025)

11-70-3: INTERIM USES:

(Ord. 2025-04, 5-27-2025)

11-70-4: USES BY ADMINISTRATIVE PERMIT:

Subject to applicable provisions of this section, performance standards established by this chapter, and processing requirements of section 11-8-2, the following are uses allowed in a M-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 percent (10%) 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 chapter 11-21 of this title, 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.
         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. (Ord. 2025-04, 5-27-2025)

11-70-5: ACCESSORY USES:

The following are permitted accessory uses in a M-1 District:
   A.   Commercial or business buildings and structures for a use accessory to the principal use but such use shall not exceed thirty percent (30%) of the gross floor space of the principal use.
   B.   Off-street parking as regulated by chapter 11-21 of this title.
   C.   Off-street loading as regulated by chapter 11-22 of this title.
   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 chapter 11-33 of this title. (Ord. 2025-04, 5-27-2025)

11-70-6: CONDITIONAL USES:

The following are conditional uses in a M-1 District subject to the procedures set forth in and regulated by chapter 11-4 of this title:
   A.   Convenience food restaurants without drive through facilities, 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 feet (5') shall be landscaped and screened in compliance with chapter 11-19 of this title.
      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 chapter 11-16 of this title.
      5.   Parking areas and driveways shall be curbed with continuous curbs not less than six inches (6") 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 chapter 11-21 of this title 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 chapter 11-16 of this title.
      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 chapter 11-37 of this title.
   B.   Day care facilities as regulated by chapter 11-30 of this title.
   C.   Essential services involving transmission pipelines and transmission or substation lines in excess of thirty three (33) kV and up to one hundred (100) kV.
   D.   Governmental and public utility buildings and structures; other than City of Otsego.
   E.   Manufactured Home Parks, Provided, That:
      1.   The minimum area required for a manufactured home park designation shall be twenty (20) acres.
      2.   The following minimum lot requirements are satisfactorily met:
         a.   Lot Area: Nine thousand (9,000) square feet.
         b.   Lot Width: Sixty feet (60').
         c.   Lot Depth: One hundred feet (100').
      3.   The following principal structure setbacks are satisfactorily met:
         a.   Front Yard:
 
Road Class
Setbacks From Centerline
Setbacks From Right-Of-Wa y Lines
Principal arterial/minor arterial
130 feet
65 feet
Collector street
130 feet
65 feet
Local street
65 feet
35 feet
From cul-de-sac right-of-way
n/a
35 feet
 
   Where a lot is located at the intersection of two (2) or more roads or highways which bound two (2) or more sides of the lot, no building shall project beyond the front yard line of either road.
         b.   Side Yards: Ten feet (10').
         c.   Rear Yard: Twenty feet (20').
      4.   Accessory buildings, uses and equipment comply with the applicable provisions of section 11-18-2 of this title.
      5.   The total ground area of all residential buildings does not exceed a lot coverage of thirty percent (30%).
      6.   All residences be limited to a maximum height of one story or twenty five feet (25').
      7.   The manufactured home park is developed in accordance with the City subdivision ordinance and all public improvement requirements incorporated therein.
      8.   A storm shelter is provided in compliance with Minnesota Statutes. The City may require additional measures as determined necessary to safeguard the health and safety of persons occupying the manufactured home park. Such measures may include, but shall not be limited to, screening and/or landscape berms. All emergency storm protection measures shall be subject to City Council approval.
      9.   The manufactured home park shall comply with Minnesota Statutes section 327.20 et seq., or all applicable City ordinances, whichever is the more restrictive.
   F.   Multiple family dwellings within a stand-alone or mixed-use building, provided that:
      1.   Minimum Lot Area: The lot shall comply with the following minimum requirements, whichever is greater:
         a.   The minimum lot area required by subsection 11-70-7A of this title.
         b.   The minimum lot area per unit required by section 11-17-9 of this title for multiple family dwellings or senior housing.
         c.   The maximum floor area ratio shall not exceed seven-tenths (0.7) for buildings on a lot abutting a R-1, R-2, R-3, R-4, or R-5 district.
      2.   Design and construction standards for principal and accessory buildings shall be as specified by subsection 11-17-4D1 of this title.
      3.   Building Height: The maximum building height shall be as set forth in Section 11-70-8 of this title, except for lots abutting a R-1, R-2, R-3, R-4, or R-5 district at a front, side, or rear property line:
         a.   Lots within 1,320 feet of TH 101 right-of-way:
            (1)   Three (3) stories or thirty five feet (35') within an area one hundred feet (100') or less from any property line abutting a R-1, R-2, R-3, R-4, or R-5 district, including those properties separated by public right-of-way; and
            (2)   Four (4) stories or fifty six feet (56') at a distance of more than one hundred feet (100') to five hundred feet (500') from any property line abutting a R-1, R-2, R-3, R-4, or R-5 district, including those properties separated by public right-of-way.
         b.   All Other Lots: Three (3) stories or thirty five feet (35') within an area one hundred feet (100') or less from any property line abutting a R-1, R-2, R-3, R-4, or R-5 district, including those properties separated by public right-of-way.
      4.   Buffer Yard: A side or rear yard abutting a R-1, R-2, R-3, R-4 or R-5 district shall provide for a minimum thirty-five foot (35') setback for all structures, off-street parking, or outdoor recreation areas to be landscaped in accordance with the specifications established by subsection 11-19-3B of this title.
      5.   Off-Street Parking: The off-street parking spaces shall be provided in accordance with section 11-21-13 of this title, and:
         a.   Multiple family uses shall provide one and nine-tenths (1.9) parking spaces for each dwelling unit provided that the number of bedrooms per unit within the building is 2.0 or less.
         b.   There shall be a minimum of one (1) space enclosed below the principal building for each dwelling unit with one (1) or more bedrooms.
      6.   An internal site pedestrian circulation system consisting of sidewalks with a minimum width of five feet (5') shall be defined and appropriate provisions made to protect such areas from encroachments by parked cars or moving vehicles clear of any obstacles or impediments.
   G.   Micro-distilleries with tasting rooms.
   H.   Parks and recreational areas owned or operated by private entities or public bodies; other than the city of Otsego.
   I.   Personal wireless service towers and antennas not located on a public structure, as regulated by chapter 11-33 of this title.
   J.   Theaters and other places of assembly; provided, that the site shall be served by a public street of sufficient capacity to accommodate traffic which will be generated by the use.
   K.   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 (60°) and seventy five degrees Fahrenheit (75°F).
         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. (Ord. 2025-04, 5-27-2025)

11-70-7: LOT REQUIREMENTS AND SETBACKS:

The following minimum requirements shall be observed in a M-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 feet (200').
   C.   Setbacks:
      1.   Front Yard:
 
Setbacks From Centerline
Setbacks From Right- 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 feet (10'); unless if abutting a Residential District: Thirty-five feet (35').
      3.   Rear Yards: Ten feet (10'); unless if abutting a residential district: Thirty-five feet (35'). (Ord. 2025-04, 5-27-2025)

11-70-8: MAXIMUM BUILDING HEIGHT:

   A.   Principal Building:
      1.   Lots abutting TH 101 or TH 101 frontage road right-of-way: Seventy five feet (75').
      2.   All other lots: Forty eight feet (48').
   B.   Accessory Building: Per subsection 11-18-2F of this title. (Ord. 2025-04, 5-27-2025)