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Otsego City Zoning Code

CHAPTER 87

I-3 SPECIAL INDUSTRIAL DISTRICT

11-87-1: INTENT:

It is the intent of the I-3 Special Industrial District to provide an opportunity for the eventual relocation of existing home extended businesses within the community and locations for small businesses in a well planned manner by minimizing required capital investments for development sites. The designation of the I-3 District shall be expressly limited to those areas identified by the Comprehensive Plan. (Prior Code § 20-87-1)

11-87-2: PERMITTED USES:

The following are permitted uses in an I-3 District:
   A.   Breweries and small breweries.
   B.   Contractor operations.
   C.   Distilleries and micro-distilleries.
   D.   Machine shops.
   E.   Offices related to the above.
   F.   Manufacturing or assembly of a wide variety of products that produces no exterior noise, glare, fumes, obnoxious products, byproducts or wastes, or creates other objectionable impact on the environment, including the generation of large volumes of traffic. Examples of such uses are:
      1.   Fabrication or assembly of small products such as optical, electronic, pharmaceutical, medical supplies and equipment.
      2.   Printing and publishing.
   G.   Personal wireless service towers and antennas, including necessary equipment buildings, as regulated by chapter 33 of this title.
   H.   Warehousing of nonexplosive material or equipment. (Prior Code § 20-87-2; amd. Ord. 2017-14, 11-13-2017)

11-87-3: INTERIM USES:

Subject to applicable provisions of this title, the following are interim uses in the I-3 District and are governed by chapter 5 of this title:
   A.   Accessory, enclosed retail, rental, or service activity other than that allowed as a permitted use or conditional use within this chapter; provided, that:
      1.   Such use is allowed as a permitted use in a business district.
      2.   Such use does not constitute more than fifty percent (50%) of the gross floor area of the principal building.
      3.   Adequate off street parking and off street loading in compliance with the requirements of chapters 21 and 22 of this title is provided.
      4.   All signing and informational or visual communication devices shall be in compliance with the provisions of chapter 37 of this title.
      5.   The interim use permit shall terminate upon a change of occupancy or other date as determined by the City Council in accordance with section 11-5-4 of this title.
   B.   Farms, farmsteads, and farming.
   C.   Open and outdoor storage as a principal or an accessory use; provided, that:
      1.   The outside storage areas are fenced and completely screened from view of the public right-of-way, neighboring residential uses, or an abutting Residential District in compliance with chapter 19 of this title.
      2.   Storage area is surfaced to control dust and drainage as approved by the City Engineer.
      3.   All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences.
      4.   The storage area does not take up parking space or loading space as required for conformity to this title.
      5.   The interim use permit shall terminate upon a change of occupancy or other date as determined by the City Council in accordance with section 11-5-4 of this title.
   D.   Open or outdoor service, sale and rental as a principal or an accessory use; provided, that:
      1.   Outside service areas are fenced and completely screened from view of the public right-of-way, neighboring residential uses, or an abutting Residential District in compliance with chapter 19 of this title.
      2.   All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with chapter 16 of this title.
      3.   The use does not take up parking space as required for conformity to this title.
      4.   The sales area is surfaced to control dust and drainage as approved by the City Engineer.
      5.   The interim use permit shall terminate upon a change of occupancy or other date as determined by the City Council in accordance with section 11-5-4 of this title.
   E.   Physical recreation or training facilities; provided, that:
      1.   Hours of operation shall be subject to review and approval of the City Council.
      2.   Vehicular access points shall create a minimum of conflict with through traffic, shall comply with chapter 21 of this title and shall be subject to review and approval of the City Engineer.
      3.   Adequate off street parking and off street loading stalls are provided in compliance with chapters 21 and 22 of this title.
      4.   All signs and information and visual communications devices shall be in compliance with chapter 37 of this title.
      5.   The interim use permit shall terminate upon a change of occupancy or other date as determined by the City Council in accordance with section 11-5-4 of this title. (Prior Code § 20-87-3)

11-87-4: USES BY ADMINISTRATIVE PERMIT:

Subject to applicable provisions of this chapter, performance standards established by this title, and processing requirements of section 11-8-2 of this title, the following are uses allowed in an I-3 District by administrative permit as may be issued by the Zoning Administrator:
   A.   Other uses of the same general character as those listed as a permitted use in this district.
   B.   Temporary outdoor promotional events and sales subject to the same provisions as required in subsection 11-75-4B of this title. (Prior Code § 20-87-4)

11-87-5: ACCESSORY USES:

The following are permitted accessory uses in an I-3 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 loading as regulated by chapter 22 of this title.
   C.   Off street parking as regulated by chapter 21 of this title.
   D.   Semitractor trailer parking and land/sea container storage as provided for by subsection 11-18-3B of this title.
   E.   Radio and television receiving antennas including single satellite dish TVROs three and one-half meters (3.5 m) 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 33 of this title. (Prior Code § 20-87-5; amd. 2018 Code; Ord. 2019-04, 2-11-2019)

11-87-6: CONDITIONAL USES:

The following are conditional uses in an I-3 District. (Requires a conditional use permit based upon procedures set forth in and regulated by chapter 4 of this title.)
   A.   Automobile repair, major and minor; provided, that:
      1.   The use shall be set back a minimum of fifty feet (50') from any abutting residentially zoned properties.
      2.   Hours of operation shall be limited to seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M. unless extended by the City Council.
      3.   All repair activities shall be conducted within the principal building with overhead doors to the service area(s) closed at all times, except when moving vehicles in and out.
      4.   The emission of odor by a use shall be in compliance with and regulated by the Minnesota Pollution Control Standards, Minnesota Regulation APC 7011, as amended.
      5.   All flammable materials, including liquids and rags, shall conform with the applicable provisions of the Minnesota State Fire Code.
      6.   All painting must be conducted in an approved paint booth. All paint booths and all other activities of the operation shall thoroughly control the emission of fumes, dust or other particulate matter so that the use shall be in compliance with Minnesota Pollution Control Standards, Minnesota Regulation APC 1-15, as amended.
      7.   All outside storage is prohibited; storage of damaged vehicles, vehicles being repaired and vehicle parts and accessory equipment must be completely inside a principal or accessory building.
   B.   Commercial and public radio and television transmitting antennas, and public utility microwave antennas, as regulated by chapter 33 of this title.
   C.   Commercial, private and public satellite dish transmitting or receiving antennas in excess of three and one-half meters (3.5 m) in diameter, as regulated by chapter 33 of this title.
   D.   Motor fuel station.
      1.   Secondary Uses: Secondary uses occurring within the same property as the motor fuel station shall be allowed as provided for within this zoning district.
      2.   Hours: Hours of operation shall be limited to the hours between five o'clock (5:00) A.M. to twelve o'clock (12:00) midnight unless extended by the City Council.
      3.   Architectural Standards:
         a.   All elevations of the principal and accessory structures, including the canopy columns, are to have essentially the same or a coordinated harmonious finish treatment that shall comply with subsection 11-17-4D1a of this title.
         b.   Contrasting colors not defined as earth tones may be used on the exterior of principal and accessory buildings subject to the following:
            (1)   Ten percent (10%) of the building facade may contain contrasting colors.
            (2)   The canopy may have contrasting color bands or accent lines not to exceed a cumulative width of twelve inches (12").
      4.   Canopy: A protective canopy structure may be located over the pump island(s), as an accessory structure, subject to the following performance standards:
         a.   The edge of the canopy shall be set back a minimum of twenty feet (20') from front and side lot lines; provided, that adequate visibility is maintained both on site and off site.
         b.   The canopy shall not exceed eighteen feet (18') in height and must provide fourteen feet (14') of clearance underneath the structure.
      5.   Landscaping: A minimum of twenty five percent (25%) of the lot, parcel, or tract of land used exclusively for the motor fuel facility shall remain as a landscaped area including turf grass, trees, shrubbery, plantings, or fencing, subject to the following performance standards:
         a.   At the boundaries of the lot, the following landscape area shall be required in compliance with section 11-19-3 of this title:
            (1)   An area not less than fifteen feet (15') wide abutting public rights-of-way.
            (2)   An area not less than five feet (5') wide along all side and rear lot lines.
            (3)   A buffer yard of not less than twenty feet (20') wide where the use abuts residentially zoned property.
      6.   Fuel Pumps: Fuel pumps shall be installed and located in accordance with the following performance standards:
         a.   All fuel pumps shall be set back a minimum of thirty feet (30') from any property line.
         b.   Fuel pumps shall be elevated on islands six inches (6") above the drive aisle surface.
         c.   There shall be a minimum setback of twenty four feet (24') between the curb face of the pump islands.
      7.   Access And Circulation:
         a.   Vehicular access points shall create a minimum of conflict with through traffic movement and shall comply with chapter 21 of this title.
         b.   The site design shall accommodate adequate turning radius and vertical clearance for a semitrailer truck.
      8.   Off Street Parking:
         a.   Off street parking stalls shall be provided as required by chapter 21 of this title. The number of required parking spaces shall be calculated solely based upon the use and the square footage of the principal building.
         b.   The number of parking stalls designed to accommodate Class 4 or larger vehicles shall not exceed twenty five percent (25%) of the total number of off street parking stalls provided within the property.
         c.   Parking spaces shall be screened from abutting residential zoned properties in compliance with section 11-19-3 of this title.
      9.   Pedestrians: An internal site pedestrian circulation system shall be defined and appropriate provisions made to protect such areas from encroachments by parked or moving vehicles, subject to the following performance standards:
         a.   There shall be a pedestrian sidewalk a minimum of five feet (5') wide and clear of any obstacle or impediment along the front width of the principal building. The pedestrian sidewalk may be reduced to a minimum of three feet (3') wide and clear of any obstacle or impediment when segregated from parking or drive aisles by a physical barrier that prevents vehicles from overhanging the pedestrian sidewalk.
      10.   Outside Sales And Service: Outside sales and service shall be allowed as an accessory use; provided, that:
         a.   Areas Indicated: Areas for outdoor sales and services shall be clearly indicated on the site plan and reviewed at the time of application for a conditional use permit. No outdoor sales or services shall be allowed outside of those areas so designated on the approved site plan without approval of an amended conditional use permit.
         b.   Location: Outdoor sales and services shall be located upon a concrete or asphalt surface and shall not encroach into any required principal building setback, required parking stall, drive aisle, or pedestrian sidewalk required by this chapter, or otherwise impede vehicle and pedestrian circulation.
         c.   Outdoor Sales:
            (1)   The area devoted to outdoor sales shall not exceed ten percent (10%) of the gross floor area of the principal building or two hundred (200) square feet, whichever is less.
            (2)   The height of sales displays shall not obstruct any window or otherwise impair a clear view of the pump islands from the cashier station within the building and shall comply with the following:
               (A)   Displays located between fuel pumps under the canopy shall not exceed three feet (3') in height measured from the grade of the adjacent drive aisle to the top of the display.
               (B)   All other outdoor displays shall not exceed five feet (5') in height measured from grade to the top of the display.
            (3)   Propane sales limited to twenty (20) pound capacity tanks may be allowed provided the propane tanks are secured in a locker and meet all Building and Fire Codes.
            (4)   Freezers for ice products may be located at the front of the building, or located in a side or rear yard and screened from view from adjacent properties or public rights-of-way by materials consistent with the principal building.
         d.   Outdoor Services: Compressed air service, or vacuum machines, and/or electric charging stations shall not be located in a yard abutting residentially zoned property.
      11.   Exterior Lighting: A comprehensive lighting plan shall be submitted demonstrating compliance with section 11-16-6 of this title and the following performance standards:
         a.   Canopy lighting shall only be permitted under the canopy structure, and consist of recessed canisters with no portion of the light source or fixture extending below the bottom face of the canopy.
         b.   Total canopy illumination below the canopy may not exceed one hundred fifteen (115) foot-candles at ground level.
         c.   The canopy fascia shall not be illuminated except for signs allowed in accordance with this section.
      12.   Signs:
         a.   A comprehensive sign plan shall be submitted demonstrating compliance with chapter 37 of this title.
         b.   Signs may be allowed on a canopy in lieu of any signs mounted on the principal structure elevation facing the yard in which the canopy is located; provided, that the area of the canopy mounted sign(s) does not exceed more than twenty percent (20%) of the area of the canopy elevation.
      13.   Noise:
         a.   Noise control shall be required to comply with section 11-16-10 of this title.
         b.   A public address system shall not be audible at any property line.
         c.   Play of music or advertisement from a public address system is prohibited.
      14.   Litter Control:
         a.   Exterior trash receptacles shall be provided at convenient locations to facilitate litter control.
         b.   The operation shall be responsible for litter control on a daily basis within the property.
         c.   Trash and recycling containers other than receptacles intended for patron use shall be screened within an enclosure as required by section 11-18-4 of this title.
      15.   Stormwater Management And Drainage: The entire site other than taken up by a building, structure, or plantings shall be surfaced with asphalt, concrete, cobblestone, or paving brick subject to the following performance standards:
         a.   All plans for stormwater management and drainage shall comply with section 11-16-5 of this title, subject to review and approval of the City Engineer.
         b.   Drainage from all fueling areas shall be directed to an oil/grit separator that complies with the following minimum design standards:
            (1)   A minimum of four hundred (400) cubic feet of permanent pool storage capacity per acre of drainage area.
            (2)   A minimum pool depth of four feet (4').
            (3)   A minimum oil containment capacity of eight hundred (800) gallons.
            (4)   Minimum maintenance/inspection of two (2) times per year and/or after measurable spill events as defined by the Minnesota Pollution Control Agency.
            (5)   Any measurable spill event shall be reported to the Minnesota Pollution Control Agency.
   E.   Planned unit development, as regulated by chapter 36 of this title.
   F.   Self Storage Facilities And Self Storage Facilities (Interior), Provided That:
      1.   Architectural Standards:
         a.   The length of any individual building(s) shall not exceed three hundred feet (300') between intersecting drive aisles to ensure emergency access.
         b.   The architectural appearance, scale, and functional plan of the building(s) shall be complementary and compatible with each other and that all sides of the structures are to have essentially the same or a coordinated harmonious finish treatment pursuant to section 11-17-4 of this title.
      2.   Access:
         a.   The site plan shall illustrate adequate turning radius, including access for emergency vehicles, using appropriate engineering templates.
         b.   The minimum width for drive aisles providing exterior access to individual storage units shall be twenty-eight feet (28').
      3.   Landscaping: At the boundaries of the lot, the following landscape areas in compliance with section 11-19-2 of this title shall be required:
         a.   An area of not less than ten feet (10') wide from side or rear lot lines.
         b.   An area of not less than fifteen feet (15') wide from all public rights-of-way.
         c.   Where a lot abuts a residential district, a buffer yard of not less than twenty feet (20') wide shall be required in compliance with section 11-19-3 of this title.
      4.   Fencing:
         a.   Fences installed at the perimeter of the site for security and to restrict access shall be to the interior of the site from the landscape areas required by subsection 11-85-6H3 of this section and shall conform to section 11-21-5 of this title.
         b.   A minimum stacking distance of fifty feet (50') shall be maintained from a gated entrance to the site from the public right-of-way and shall not obstruct visibility for vehicles entering the public street, subject to approval of the city engineer.
      5.   Outside Storage: No outside storage shall be allowed, except as follows:
         a.   Areas for outdoor storage shall be clearly indicated on the site plan and reviewed at the time of application for a conditional use permit.
         b.   No outdoor storage shall be allowed outside of those areas so designated on the approved site plan without approval of an amended conditional use permit.
         c.   The area devoted to outdoor storage shall not exceed thirty percent (30%) of the gross floor area of the principal building(s).
         d.   All outdoor storage shall be located upon a concrete or asphalt surface with perimeter concrete curb and shall not encroach into any required principal building setback, required parking stall, drive aisle, or otherwise impede site circulation.
         e.   All outdoor storage shall be screened from abutting residential properties and the public right-of-way in compliance with section 11-19-3 of this title.
   G.   Taprooms accessory to a brewery or small brewery.
   H.   Tasting rooms accessory to a distillery or micro-distillery. (Prior Code § 20-87-6; amd. Ord. 2017-14, 11-13-2017; Ord. 2021-25, 12-13-2021)

11-87-7: LOT REQUIREMENTS AND SETBACKS:

The following minimum requirements shall be observed in an I-3 District, subject to additional requirements, exceptions and modifications set forth in this title:
   A.   Lot Area: One acre.
   B.   Lot Width: Two hundred feet (200').
   C.   Setbacks:
      1.   Front yard:
         a.   Setbacks from centerline: Sixty five feet (65').
         b.   Setbacks from right-of-way lines: Thirty feet (30').
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:
         a.   Corner lot: Thirty five feet (35').
         b.   Interior lot: Ten feet (10').
      3.   Rear yard: Twenty feet (20'). (Prior Code § 20-87-7)

11-87-8: MAXIMUM SITE COVERAGE:

   A.   Building and structure: Thirty percent (30%).
   B.   Hard surface including buildings and parking/driveway areas: Eighty five percent (85%). (Prior Code § 20-87-8)

11-87-9: MAXIMUM BUILDING HEIGHT:

Thirty five feet (35'). (Prior Code § 20-87-9)