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Otsego City Zoning Code

CHAPTER 90

INS INSTITUTIONAL DISTRICT

11-90-1: PURPOSE AND INTENT:

The INS District is intended to provide a specific zoning district for facilities devoted to serving the public. It is unique in that the primary objective of uses within this district is the provision of services, frequently on a nonprofit basis, rather than the sale of goods or services. It is intended that uses within such a district will be compatible with adjoining development, and they normally will be located on an arterial street or thoroughfare. (Prior Code § 20-90-1)

11-90-2: PERMITTED USES:

Subject to applicable provisions of this title, the following are permitted uses in an INS District:
   A.   Personal wireless service towers and antennas, including necessary equipment buildings, as regulated by chapter 33 of this title.
   B.   Preschool, elementary, junior or senior high schools having a regular course of study accredited by the State of Minnesota.
   C.   Publicly owned civic or cultural buildings, such as libraries, City offices, auditoriums, public administration buildings and historical developments.
   D.   Religious institutions, such as churches, chapels, temples and synagogues. (Prior Code § 20-90-2)

11-90-3: INTERIM USES:

Subject to applicable provisions of this title, the following are interim uses in the INS District and are governed by chapter 5 of this title:
   A.   Farms, farmsteads, and farming.
   B.   Temporary classroom structures for a public school, provided that:
      1.   The interim use permit shall terminate one year from the date of approval, unless a longer period is approved by the City Council.
      2.   The temporary structure shall be subject to all principal building setbacks and shall not occupy or disrupt on site parking, loading, or vehicle or pedestrian circulation or outdoor recreation areas.
      3.   Off street parking stalls shall be provided for the temporary structure as required by chapter 21 of this title.
      4.   Any exterior lighting shall comply with section 11-16-6 of this title.
      5.   The structure shall meet all requirements of the Minnesota State Building Code.
      6.   Provisions for water and sewer service for the temporary structure shall be subject to review and approval of the building official. (Prior Code § 20-90-3)

11-90-4: 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 INS 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 § 20-90-4)

11-90-5: ACCESSORY USES:

Subject to applicable provisions of this title, the following are permitted accessory uses in an INS District:
   A.   Accessory uses customarily incidental to the uses permitted in sections 11-90-2, 11-90-3, 11-90-4, and 11-90-6 of this chapter.
   B.   Off street parking and loading areas.
   C.   Parks, playgrounds or athletic fields.
   D.   Semitractor trailer parking and land/sea container storage as provided for by subsection 11-18-3B of this title; City of Otsego facilities only.
   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 § 20-90-5; amd. 2018 Code; Ord. 2019-04, 2-11-2019)

11-90-6: CONDITIONAL USES:

Subject to applicable provisions of this title, the following are conditional uses in an INS District. (Requires a conditional use permit based upon procedures set forth in and regulated by chapter 4 of this title.)
   A.   Automobile parking lots as a principal use; provided, that:
      1.   The use and design is in conformance with chapter 21 of this title.
      2.   The provisions of subsection 11-4-2F of this title are considered and determined to be satisfied.
   B.   Cemeteries or memorial gardens; provided, that:
      1.   The site is landscaped in accordance with chapter 19 of this title.
      2.   The use is available to the public.
      3.   The land area of the property containing such use or activity meets the minimum established for the district.
      4.   The use meets the minimum setback requirements for principal structures.
      5.   The site accesses on a collector or arterial street.
      6.   The provisions of subsection 11-4-2F of this title are considered and determined to be satisfied.
   C.   Colleges, seminaries and other institutions of higher education; provided, that:
      1.   Adequate parking is provided in conformance with chapter 21 of this title.
      2.   Provisions are made to buffer and screen any surrounding residential uses.
      3.   The site is served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated.
      4.   The provisions of subsection 11-4-2F of this title are considered and determined to be satisfied.
   D.   Commercial and public radio and television transmitting antennas, and public utility microwave antennas, as regulated by chapter 33 of this title.
   E.   Community centers; provided, that:
      1.   Adequate screening from abutting and adjoining residential uses and landscaping is provided.
      2.   Adequate off street parking and access is provided and that such parking is adequately screened and landscaped from adjoining and abutting residential uses.
      3.   Adequate off street loading and service entrances are provided and regulated where applicable by chapter 22 of this title.
      4.   The provisions of subsection 11-4-2F of this title are considered and determined to be satisfied.
   F.   Daycare nursery facilities as regulated by chapter 30 of this title.
   G.   Governmental and public regulated utility buildings, street garages and structures necessary for the health, safety and general welfare of the community; provided, that:
      1.   Compatibility with the surrounding neighborhood is maintained and required setbacks and side yard requirements are met.
      2.   Outdoor storage of equipment and materials as an accessory use is allowed subject to the following requirements:
         a.   The storage area is landscaped, fenced and screened from view of the public right-of-way and abutting R Districts.
         b.   The storage area is surfaced with a material suitable to control dust and drainage.
      3.   Adequate screening from neighboring uses and landscaping is provided in compliance with chapter 19 of this title.
      4.   The provisions of subsection 11-4-2F of this title are considered and determined to be satisfied.
   H.   Hospitals and residential care facilities including extended care facilities for persons with disabilities, rest homes and care for the aged, ill and infirmed; provided, that:
      1.   Interior side yards are screened.
      2.   Only the rear yard shall be used for play or recreational areas. Said area shall be fenced and controlled and screened in compliance with chapter 19 of this title.
      3.   The site shall be served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated.
      4.   All signing and informational or visual communication devices shall be in compliance with chapter 37 of this title.
      5.   All State laws and statutes governing such use are strictly adhered to, and all required operating permits are secured.
      6.   Adequate off street parking is provided in compliance with chapter 21 of this title.
      7.   Off street loading space in compliance with chapter 22 of this title is provided.
      8.   The provisions of subsection 11-4-2F of this title are considered and determined to be satisfied.
   I.   Living quarters which are provided as an accessory use to a principal use in section 11-90-2 of this chapter or to a conditional use in this chapter; provided, that:
      1.   The use shall not be used as commercial rental property.
      2.   A maximum of one such dwelling shall be allowed.
      3.   There shall be a demonstrated and documented need for such a facility.
      4.   The provisions of subsection 11-4-2F of this title are considered and determined to be satisfied.
   J.   Other uses of the same general character as those listed in section 11-90-2 of this chapter and this section.
   K.   Planned unit development as regulated by chapter 36 of this title.
   L.   Public or semipublic recreational facilities; provided, that:
      1.   The site is landscaped.
      2.   The use is available to the "public".
      3.   The land area of the property containing such use or activity meets the minimum established for the district.
      4.   The use meets the minimum setback requirements for principal structures.
      5.   The site accesses on a minor arterial.
      6.   The provisions of subsection 11-4-2F of this title are considered and determined to be satisfied.
   M.   The lot area requirement for permitted uses may be reduced; provided, that:
      1.   Compatibility with surrounding existing and potential uses is maintained.
      2.   The provisions of subsection 11-4-2F of this title are considered and determined to be satisfied.
   N.   Wastewater treatment facilities permitted by the Minnesota Pollution Control Agency or successor agency; provided, that:
      1.   The facility shall be operated in accordance with all statutes, rules, and ordinances, and maintain valid permits for operation and discharge as regulated by the Minnesota Pollution Control Agency.
      2.   Structures and components of the facility engaged in the treatment, processing or storage of wastewater or sludge materials shall be set back a minimum of seventy five feet (75') from all property lines and public rights-of-way.
      3.   The facility shall have direct access from the lot to an improved public street with adequate capacity to accommodate the type and volume of traffic generated, subject to approval of the City Engineer.
      4.   Off street parking stalls shall be provided in accordance with chapter 21 of this title.
      5.   Outdoor storage of vehicles or equipment as an accessory use is allowed; provided, that the storage area is surfaced with a material suitable to prevent erosion and control drainage.
      6.   The facility shall be screened from view of surrounding properties and public rights-of-way in accordance with section 11-19-3 of this title.
      7.   Access to the facility shall be secured by a minimum eight foot (8') lockable gate and fence with an anticlimbing design subject to section 11-19-4 of this title. (Prior Code § 20-90-6; amd. Ord. 2017-05, 4-24-2017)

11-90-7: LOT REQUIREMENTS AND SETBACKS:

The following minimum requirements shall be observed in an INS District, subject to additional requirements, exceptions and modifications set forth in this title:
   A.   Lot Area; Minimum Site Area:
      1.   Five (5) acres unless otherwise specified or reduced by conditional use permit.
      2.   Religious institutions: Three (3) acres.
      3.   Elementary schools: Fifteen (15) acres.
      4.   Junior high schools: Thirty (30) acres.
      5.   Senior high schools: Fifty (50) acres.
      6.   Hospitals: Ten (10) acres.
      7.   Community centers: Three (3) acres. (Prior Code § 20-90-7)
      8.   Wastewater treatment facilities: Fifteen (15) acres. (Ord. 2017-05, 4-24-2017)
   B.   Setbacks:
      1.   Schools, hospitals and public works facilities:
         a.   Front yard:
            (1)   Setbacks from centerline: Sixty five feet (65').
            (2)   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.
         b.   Side yards: One hundred feet (100').
         c.   Rear yard: One hundred feet (100').
      2.   All other institutional uses:
         a.   Front yard: Same as subsection B1a of this section.
         b.   Side yards: Fifty feet (50').
         c.   Rear yard: Fifty feet (50'). (Prior Code § 20-90-7)

11-90-8: HEIGHT REQUIREMENTS:

The following height requirements shall be observed in the INS District: All principal structures and their accessory buildings shall be limited to a maximum height of three (3) stories or forty feet (40'). (Prior Code § 20-90-8; amd. 2018 Code)