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Item 3.4 Zoning Ordinance Amendments3601 Thurston Avenue Anoka, MN 55303 763.231.5840 TPC@PlanningCo.com 1 MEMORANDUM TO: Otsego Planning Commission FROM: D. Daniel Licht DATE: 14 January 2026 RE: Otsego – Zoning Ordinance; Accessory Buildings/Fences TPC FILE: 101.01 BACKGROUND City staff is initiating discussions with the Planning Commission as to possible amendments of the Zoning Ordinance provisions regulating accessory buildings and fences. The purpose of the amendments is to provide clarity to the regulations so that they are easier to understand and apply. Making zoning regulations has become more important with the availability of the City Code on the internet accessible to residents. Technical provisions of the Zoning Ordinance can often require more explanation as to the purpose, intent, and application of the regulations as a house keeping matter. The Planning Commission at their meeting on 20 January 2026 reviewed proposed amendments for regulation of accessory buildings and fences. At their meeting on 17 February 2026, the Planning Commission reviewed a comprehensive rewriting of the Sign Ordinance. City staff has added two additional topics for discussion by the Planning Commission as part of this round of amendments. The first is revision of the City Code regarding animal control such that the number of dogs/cats defined as a kennel consistent with the definition of the same in the Zoning Ordinance. The second is a change to accessory building location provisions for detached accessory buildings within the R-C, Residential Rural Cluster Open Space District. Amendment the Zoning Ordinance is subject to the review of the Planning Commission and approval of the City Council. In accordance with the procedures established by Chapter 3 of the Zoning Ordinance, a public hearing is required to be held by the Planning Commission, proceeded by notice published in the official newspaper and posted on the City website, to consider recommendations to the City Council. A public hearing has been noticed for the Planning Commission meeting on 18 March 2026 to consider the proposed amendments of the City Code and Zoning Ordinance. Exhibits: Draft ordinance Item 3.4 2 ANALYSIS Kennels. Section 6-2-2.A of the City Code states that a kennel is any keeping of three or more dogs or cats a property. However, Section 11-26-2 of the Zoning Ordinance was amended to revise the definition of a kennel to be keeping more than three dogs or cats upon a property. The Zoning Ordinance amendment reflects the increasing popularity of having multiple domestic pets, but within numbers that do not cause a public nuisance or compatibility issues. City staff recommends updating the City Code section to reflect the definition of a kennel included in the Zoning Ordinance. Accessory Buildings. The following changes are proposed for the regulation of accessory buildings for single and two family dwellings:  Relocate provisions regulating building location within front yard to the section addressing setbacks.  Repeal provisions governing the area of detached accessory buildings as a percentage of lot area. This limit is generally addressed by establishment of maximum allowed area for all detached accessory buildings based on lot area already included in the Zoning Ordinance.  Revise the section with regulations on location and setbacks to address front yards and simplify the provisions in table format.  Eliminate the limits for detached accessory structures as a percentage of the area of a principal building. This limit is again addressed by establishment of maximum allowed area for all detached accessory buildings based on lot area already included in the Zoning Ordinance. Furthermore, the ability to have a detached accessory building or buildings with more floor area that that of the house isn’t necessarily uncharacteristic of large lot or rural single family properties.  The Zoning Ordinance was amended to allow for residential uses within the A-2, Agriculture Long Range Urban Service District on lots 10 acres in area or larger. The table establishing area limits for accessory buildings within the A-1 and A-2 District is proposed to be amended to change the allowance for lots larger than 10 acres from 6,000 square feet to two percent of the area of the lot or parcel allowing for a continuation of the sliding scale based on the area of the property. It is also proposed to remove the limit on the number of detached accessory structures for parcels greater than 10 acres in area.  Section 11-60-8.E.2.a of the Zoning Ordinance establishes neighborhood performance standards for detached accessory buildings located on single family lots within the R-C, Residential Rural Cluster Open Space District. The provisions include a requirement that any detached accessory building be located behind the rear line of the principal dwelling upon a lot. This does not allow for a detached accessory building to be in line with the house in a side yard, which limits options for locating a detached accessory building and requires additional driveway surface in the case of a building that is vehicle accessible. City staff recommends eliminating the limitation of detached accessory buildings to the rear yard within the R-C District. 3 Fences. The existing provisions for fence location, residential fences, and commercial and industrial fences are proposed to be amended as follows:  The provisions regarding location of fences are expanded to specifically prohibit encroachment onto public rights-of-way. The provisions regarding locating fences upon drainage and utility easements are revised to clearly indicate that such fences are prohibited unless it is determined by the City that the fence will not for any reason interfere with its rights to use of the easement area.  Provisions for residential fences are revised to make the language easier to comprehend especially as applied to the allowance of fences in yards abutting public streets. Fences along local streets are subject to the same limits as front yards with a maximum height of four feet and must be at least 75 percent open. Side or rear yard fences along major collector and arterial streets are allowed to be up to six feet in height and may be solid for screening purposes. Signs. The adoption of sign regulations can be one of the most legally challenging topics within the Zoning Ordinance. The regulations to be adopted cannot regulate the content of signs allowed within the City to avoid conflict with First Amendment free speech protections of the United States Constitution. Essentially, if it is necessary to read the content of the sign to determine if it complies with the Zoning Ordinance the regulation is not legitimate. The regulations can only address time, place, and manner aspects of the sign. Therefore, in order to address that a sign advertising a property for sale or lease is allowed specific signage, the regulation must state that “when a property is offered for sale or lease, the following sign is allowed”. The sign that is allowed can display whatever message is desired, but the person placing the sign must demonstrate that the property is in fact offered for sale or lease. The regulations can also distinguish the physical characteristics of signs (area, height, and number) by zoning district or for specific land use activities, such as multiple family buildings or motor fuel facilities within certain zoning districts. The proposed revisions to the Zoning Ordinance provisions regulating signs do not proposed to alter the number, area, height, etc. of allowed signs. Rather the proposed amendments are focuses on reorganization of the sign provisions into the following categories:  Signs allowed without a permit  Agricultural district signs  Residential District signs  Business and mixed use district signs  Industrial district signs  Institutional district signs  Prohibited signs As with the current Zoning Ordinance text, there is a section of general provisions applicable to all signs addressing characteristics such as setbacks, illumination, construction, determining area and height, etc. Important in the general provisions section is that all signs are considered to be accessory uses; no off- premises signs or billboards are allowed in Otsego and not signs other than those placed by government jurisdictions are allowed in public rights-of-way. 4 Planned Unit Development Districts are addressed in the sign regulations with the proposed amendment stating that the standards of the most applicable zoning district apply to a PUD District, but that these standards may be modified in accordance with Planned Unit Development procedures. Other items City staff would like to highlight within the proposed ordinance amendments:  Provisions for a freestanding sign for multiple family dwelling uses within residential districts is added.  It is recommended that an allowance for a four square foot sign for residential properties with an approved home occupation be provided. City staff believes that this sign will aid in identification of the home business and reduce traffic within a neighborhood setting.  The allowances for wall signs have been revised for business, mixed use, and industrial districts. The current zoning ordinance allows all wall signs to have a total area of 15 percent of the area of building elevations facing streets. City staff is proposing to revise the provisions to allow wall signs on any building elevation not facing an abutting residential district up to 15 percent of the wall area. This will allow businesses greater flexibility to locate signs where they believe they will be most effective. This change is consistent with the sign allowances the City granted for the Otsego Waterfront, Otsego Waterfront East, and Great River Centre of Otsego Planned Unit Development Districts.  The allowed area of individual wall signs for industrial buildings larger than 100,000 square feet is proposed to be increased from 100 square feet to 200 square feet. This would be the same area allowed for any industrial building within the defined Freeway Sign Corridor. The intent of the change is to allow the area of wall signs to be congruent to the scale of the larger building.  Use of electronic changeable displays remains limited to uses within the INS, Institutional District. Existing uses within this district include City facilities, ISD 728 schools, Kaleidoscope Charter School, and religious institutions.  Off-premises signs, including billboards, remain prohibited as noted above. RECOMMENDATION City staff recommends that the Planning Commission conduct a public hearing and then vote to approve amendments of the City Code and Zoning Ordinance as presented. POSSIBLE MOTION Motion to recommend City Council approve an ordinance amending the City Code and Zoning Ordinance addressing animal kennels, accessory buildings, fences, and signs as presented. c. Adam Flaherty, City Administrator/Finance Director Audra Etzel, City Clerk Ron Wagner, City Engineer David Kendall, City Attorney 1 ORDINANCE NO.: 2026-XX CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 6-2-2.A of the City Code (Public Safety – Animal Control) is hereby amended to read as follows: A. Determination Of Dog Kennel Or Cat Shelter: The keeping of three (3) or more than three (3) dogs and/or cats over six (6) months of age on the same premises, whether owned by the same person or not and for whatever purpose kept, shall constitute a "dog kennel" or a "cat shelter". Section 2. Section 11-18-2.C.1 and 2 of the Zoning Ordinance (Accessory Uses and Buildings – Single and Two Family Dwellings) is hereby repealed in its entirety with subsequent sections renumbered accordingly. 1. Front Yard: a. No accessory use, building, structure, or equipment shall be allowed within a required front yard. b. No accessory building may be placed within a front yard within the R-C, R-4A, R- 4, R-5, R-6, and R-7 Districts except for an attached garage. 2. No accessory building, structure, and/or detached garage for a single-family dwelling shall occupy more than ten percent (10%) of the area of the required rear yard in the A-1, A-2, R-C, R-1, R-2 and R-3 Zoning Districts or not more than twenty five percent (25%) of the area of the required rear yard in the R-4A, R-4, R-5, R-6, and R-7 Zoning Districts. Section 3. Section 11-18-2.C.3 of the Zoning Ordinance (Accessory Uses and Buildings – Single and Two Family Dwellings) is hereby amended to read as follows: 3. Setbacks and encroachments: a. Attached accessory structures shall conform to principal building setbacks required for the zoning district in which the structure is located. b. Detached Accessory Structures: may encroach into required side or rear yard setbacks when located in the rear yard of the lot, but shall not encroach into the required setback for a yard abutting a public street of a corner lot: 2 (1) Detached accessory structures not exceeding two hundred (200) square feet in gross floor area shall be set back at least five feet (5') from side or rear lot lines abutting other lots or ten feet (10') from a rear lot line abutting a public right-of-way in the case of a through lot. (2) Detached accessory structures with a gross floor area larger than two hundred (200) square feet shall be set back at least ten feet (10') from side or rear lot lines abutting other lots or twenty feet (20') from a rear lot line abutting a public right- of-way in the case of a through lot. c. No accessory structure shall be located within a required buffer yard, drainage and utility easement or public right-of- way. (1) Front Yards: (a) No detached accessory use, building, structure, or equipment shall be allowed within a required front yard. (b) No accessory building may be placed within a front yard within the R-C, R-4A, R-4, R-5, R-6, and R-7 Districts except for an attached garage. (2) Side or Rear Yards: Area Lot Line Minimum Setback 200sf. or less Interior 5ft. Abutting public right-of-way 10ft. Greater than 200sf. Interior 10ft. A public right-of-way 20ft. Section 4. Section 11-18-2.C.5 of the Zoning Ordinance (Accessory Uses and Buildings – Single and Two Family Dwellings) is hereby amended to read as follows: 5. Detached accessory buildings and structures within the A-1 and A-2 Districts: a. The total floor area allowed for all detached accessory structures shall be as follows: Lot Area (Acres) Maximum Total Floor Area Of All Detached Accessory Structures (Square Feet) 1.00 or smallerless 1,080 1.01 to 2.00 1,500 3 2.01 to 3.00 2,000 3.01 to 4.00 2,500 4.01 to 5.00 3,000 5.01 to 6.00 3,500 6.01 to 7.00 4,000 7.01 to 8.00 4,500 8.01 to 9.00 5,000 9.01 to 10.00 5,500 10.01 and largerGreater than 10.00 2% of lot/parcel b. For parcels located within the sewer service district or long range urban service area or those parcels with an area of five (5) acres or less, the total floor area of all accessory structures shall not exceed two hundred percent (200%) of the gross floor area of the principal structure, or shall not exceed the maximum combined accessory area allowed based upon lot size, as outlined in this chapter, whichever is the least. cb. There is to be no more than two (2) detached private garages or accessory structures for each single-family dwelling upon lots and parcels that are ten (10) acres in area or less. Section 5. Section 11-18-2.C.6.b of the Zoning Ordinance (Accessory Uses and Buildings – Single and Two Family Dwellings) is hereby repealed and subsequent sections renumbered accordingly. b. The total floor area of all accessory structures shall not exceed two hundred percent (200%) of the gross floor area of the principal structure, or shall not exceed the maximum combined accessory area allowed based upon lot size as outlined in this chapter, whichever is the least. Section 6. Section 11-19-4.C of the Zoning Ordinance (Landscaping, Screening and Fences) is hereby amended to read as follows: C. Location: 1. All boundary line fences shall be located entirely within the private property of the person, firm, or corporation constructing or causing the construction of such fence. 2. The owners of the property on which a fence exists or is proposed to be constructed is responsible for verifying their property lines by: 1a. Locating their property irons; or 2b. If the property lines cannot be located: 4 a(1) The Zoning Administrator may require the owner of property upon which a fence now exists, or may require any property owner proposing to construct a fence, to establish the boundary lines of the property by a survey thereof to be made by a registered land surveyor; or b(2) The owner of property upon which a fence now exists, or the property owner on which the fence is to be constructed and the owner(s) of the adjoining properties, enter into an agreement regarding the location of the fence to be recorded with the titles of the respective properties, subject to approval of an administrative permit. 3. Fences shall not be placed on or extend into public rights-of-way or onto public property. 4. Placement of fences within drainage and utility easements shall be prohibited, unless: a. The City Engineer, at their discretion, determines that the fence location and design will not interfere with the City’s purpose and use of the easement, including unrestricted access necessary to maintain or service stormwater, sewer, or water facilities and equipment. b. The City Engineer may require modification to the location of the fence or its design in allowing an encroachment to ensure the City has full use and access to the drainage and utility easement. c. The fence, or a portion thereof, may be removed at any time by the City for the purpose of utilizing or accessing the drainage and utility easement; the property owner shall be responsible for any costs incurred by the City for removal of the fence and the City shall not be responsible to replace or otherwise compensate the property owner for the fence removal. d. The property owner shall execute an encroachment agreement approved by the City Attorney that is to be recorded by the City at Wright County with the title of the property. 5. Fences located within a yard abutting a public right-of-way shall maintain the traffic visibility requirements of section 11-16-4 of this title. Section 7. Section 11-19-4.F of the Zoning Ordinance (Landscaping, Screening and Fences - Fences) is hereby repealed with subsequent sections renumbered accordingly. F. Drainage And Utility Easements: 1. The fence and its design is subject to the approval of the City Engineer. 2. The fence or a portion thereof may be removed at any time for the purpose of utilizing the easement, and such action shall be at the property owner's expense. 5 3. The property owner shall execute an acknowledgement of the easement encroachment that is to be recorded by the City at Wright County with the title of the property. Section 8. Section 11-19-4.G of the Zoning Ordinance (Landscaping, Screening and Fences - Fences) is hereby amended to read as follows: G. Residential District Fences: 1. Alongside Property Lines: Except in the case of a side yard on a corner lot which abuts a street, fences alongside property lines shall not be more than six feet (6') in height for the distance commencing from a point on such side property line located along the rear lot line and proceeding thence along such side property line to a point thereon which would be intersected by the front wall line of the existing principal structure on the lot. 2. Rear Property Lines: Fences along or paralleling any rear property line which is also the rear property line of an abutting lot shall not exceed six feet (6') in height. 3. Rear Property Line/Abutting Side Line: Except in the case of a side yard on a corner lot which abuts a street, fences along a rear property line which line constitutes the side lot line of an abutting lot shall not exceed six feet (6') in height. 4. Screening Provisions: The required screening provisions for residential districts shall supersede, where applicable, the provisions of this subsection. 5. Required Front Yards And Side Yards Of Corner Lots: a. Fences extending across required front yards or a required side yard that abuts a street on a corner lot shall not exceed forty eight inches (48") in height and shall be at least seventy five percent (75%) open space for the passage of air and light, except as provided in subsection G5b of this section. b. A fence with a height greater than forty eight inches (48") and/or less than seventy five percent (75%) open space may be constructed within the required rear yards and side yard of a corner lot abutting a collector or arterial street; provided, that: (1) The fence does not exceed six feet (6') in height. (2) The fence is set back ten feet (10') from the lot line abutting a collector or arterial street right-of-way. (3) For interior lots, a gate or other opening is to be provided in the fence to allow for maintenance of the street side boulevard. (4) The fence along a side lot line abutting a collector or arterial street right- of-way shall not extend into a required front yard and be no closer to the front lot line than a point intersecting the front line of the principal building. 6 (5) On lots where no buffer yard has been established pursuant to subsection 11-19-3B of this chapter, the yard on the street side of the fence shall be grass and landscaped with plant materials that will grow to the height of the fence, subject to the following standards: (A) Plant material centers shall not be located closer than three feet (3') from the fence line or property line, and shall not conflict with public plantings, sidewalks, trails, etc. (B) Deciduous shrubs shall not be planted more than four feet (4') on center, and/or evergreen shrubs shall not be planted more than three feet (3') on center. (C) Deciduous trees shall be planted not more than forty feet (40') apart. Evergreen trees shall be planted not more than fifteen feet (15') apart. c. All fences located within any required yard abutting a public right-of-way shall maintain the traffic visibility requirements of section 11-16-4 of this title. 1. Height: The maximum height of a fence shall be six feet (6') except as may be allowed by this section. 2. Yards Abutting Public Rights-of-Way: a. All yards abutting local streets: (1) Maximum Height: Four feet (4’) (2) Minimum Open Space: Seventy five (75%) percent b. Side or rear yards abutting major collector or arterial streets: (1) Maximum Height: Six feet (6’) (2) Minimum Open Space: None (3) Minimum Setback: Ten feet (10') (4) For interior through lots, a gate or other opening is to be provided in the fence to allow for maintenance of the street side boulevard. (5) The yard on the street side of the fence abutting a major collector street shall be grass and landscaped with plant materials, subject to the following standards: 7 (A) Plant material centers shall not be located closer than three feet (3') from the fence line or property line, and shall not conflict with public plantings, sidewalks, trails, etc. (B) Deciduous shrubs shall not be planted more than four feet (4') on center, and/or evergreen shrubs shall not be planted more than three feet (3') on center. (C) Deciduous trees shall be planted not more than forty feet (40') apart. Evergreen trees shall be planted not more than fifteen feet (15') apart. Section 9. Section 11-19-4.H of the Zoning Ordinance (Landscaping, Screening and Fences - Fences) is hereby amended to read as follows: H. Commercial And Industrial District Fences: 1. Fences On Corner Lot: Fences extending across a required front yard or a required side yard which abuts a street on a corner lotabutting a public right-of-way shall be at least seventy five percent (75%) open for the passage of air and light and shall maintain the traffic visibility requirements of section 11-16-4 of this title. 2. Height: Fences may be erected up to eight feet (8') in height. Fences in excess of eight feet (8') shall require, except as may be approved with an interim use permit. 3. Construction: a. Fences shall be constructed of non-wood maintenance free materials such as vinyl, stone, brick, split face block, textured or architectural concrete panels, synthetic or composite products, or similar materials as approved by the Zoning Administrator. b. Except for fences accessory to essential services, chain link fences within commercial districts shall be coated with integral color vinyl and shall not include vinyl, plastic or metal slats within the fence. c. The location of gates across driveways accessing the site shall be set back a sufficient distance so as not to cause congestion in the public street. d. Fences which are primarily erected as a security measure may have arms projecting into the applicant's property on which barbed wire can be fastened commencing at a point at least seven feet (7') above the ground. 4. Screening Provisions: The screening provisions for commercial and industrial districts shall supersede, where applicable, the provisions of this subsection. Section 10. Section 11-19-4.J of the Zoning Ordinance (Landscaping, Screening and Fences - Fences) is hereby amended to read as follows: 8 J. Screening Provisions: The screening provisions required by Section 11-19-3 of this title shall supersede, where applicable, the provisions of this section. Section 11. Title 11, Chapter 37 of the City Code (Zoning Ordinance – Signs) is hereby repealed in its entirety and amended to read as follows: CHAPTER 37 SIGNS SECTION: 11-37-1: Findings, Purpose, and Effect 11-37-2: Permit Required 11-37-3: General Provisions 11-37-4: Signs Allowed Without Permit 11-37-5: Agricultural District Signs 11-37-6: Residential District Signs 11-37-7: Business and Mixed Use District Signs 11-37-8: Industrial District Signs 11-37-9: Institutional District Signs 11-37-10: Planned Unit Development Signs 11-37-11: Prohibited Signs 11-37-1: FINDINGS, PURPOSE, AND EFFECT: A. Findings: The City Council hereby finds as follows: 1. Exterior signs have a substantial impact on the character and quality of the environment. 2. Signs provide an important medium through which individuals may convey a variety of messages. 3. Signs can create traffic hazards, aesthetic concerns and detriments to property values, thereby threatening the public health, safety and welfare. 4. This Code has included the regulation of signs in an effort to provide adequate means of expression and to promote the economic viability of the business community, while protecting the City and its citizens from a proliferation of signs of a type, size, location and character that would adversely impact the aesthetics of the community and threaten the health, safety and welfare of the community. The regulation of physical characteristics of signs within the City has had a positive impact on traffic safety and the overall appearance of the community. B. Purpose And Intent: It is not the purpose or intent of this chapter to regulate the message displayed on any sign; nor is it the purpose or intent of this chapter to regulate any building design or any display not defined as a sign, or any sign which cannot be viewed from outside a building. The purpose and intent of this chapter is to: 9 1. Regulate the number, location, size, type, illumination and other physical characteristics of signs within the City in order to promote the public health, safety, and welfare. 2. Maintain, enhance and improve the aesthetic environment of the City by preventing visual clutter that is harmful to the appearance of the community. 3. Improve the visual appearance of the City, while providing for effective means of communication, consistent with constitutional guarantees and the City's goals of public safety and aesthetics. 4. Provide for fair and consistent enforcement of the sign regulations set forth herein under the zoning authority of the City. C. Effect: A sign may be erected, mounted, displayed or maintained in the City if it is in conformance with the provisions of this chapter. The effect of this chapter, as more specifically set forth herein, is to: 1. Allow a wide variety of sign types in commercial zones and a more limited variety of signs in other zones, subject to the standards set forth in this chapter. 2. Allow certain small, unobtrusive signs incidental to the principal use of a site in all zoning districts, subject to the standards set forth in this chapter. 3. Prohibit signs whose location, size, type, illumination or other physical characteristics negatively affect the environment and where the communication can be accomplished by means having a lesser impact on the environment and the public health, safety and welfare. 4. Provide for the administration and enforcement of the provisions of this chapter. 11-37-2: PERMIT REQUIRED: A. No sign shall be erected or existing sign structure expanded without first securing an administrative permit in accordance with Chapter 8 of this title from the City, except when changing only the copy of the sign without altering the area, height or location of the sign as provided for by section 11-37-2.C of this chapter or as allowed by Section 11-37-4 of this chapter. B. Application for a permit shall include the following additional information unless waived by the Zoning Administrator: 1. Type, area, and height of sign (e.g., wall or freestanding sign). 2. A site plan to scale showing the location of lot lines, easements, structures, buildings, parking areas, existing and proposed freestanding signs, and any other physical features. 3. Plans, location, and specifications and method of construction and attachment to the buildings for existing and proposed wall signs. 10 4. Copy of stress sheets and calculations showing that the structure is designed for dead load and wind pressure in any direction in the amount required by this and all other laws and ordinances of the City. 5. Any electrical permit required and issued for the sign. 6. A detailed description of any electronic or electrical components that are proposed to be added to the sign. 7. Other information to demonstrate compliance with this and all other ordinances of the City. C. The owner of any sign that is otherwise allowed by this chapter may substitute noncommercial copy in lieu of any other commercial or noncommercial copy. This substitution of copy may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This provision prevails over any more specific provision to the contrary. 11-37-3: GENERAL PROVISIONS: The construction and placement of all signs shall be subject to the following provisions: A. Accessory Structures. All signs shall be accessory structures. B. Right-of-Way. No signs, other than those of governmental jurisdictions, shall be permitted within public rights-of-way or roadway easements. C. Minimum Setback: 1. No sign or sign structure, unless otherwise regulated by this chapter, shall be closer to any lot line than ten feet (10'). 2. No sign shall be located within the visibility triangle required by section 11-16-4 of this title D. Easements. No sign shall be placed within any drainage or utility easement. E. Natural Features. No signs, guys, stays or attachments shall be erected, placed or maintained on rocks, fences, or trees, nor interfere with any electric light, power, telephone or telegraph wires or the supports thereof, with the exception of signs necessary for security, or to preserve public safety, as determined by the City Council. F. Obstructions. No sign shall be permitted to obstruct any window, door, fire escape, stairway or opening intended to provide light, air, ingress or egress of any building or structure. G. Approval Required: 11 1. No sign shall be attached or be allowed to hang from any building until all necessary wall and roof attachments have been approved by the Building Official. 2. The installation of electrical signs shall be subject to the State Electrical Code and all electrical service to such sign shall be underground. H. Area Calculation: 1. The area within the frame of a sign shall be used to calculate the square footage except that the width of a frame exceeding twelve inches (12") shall constitute sign face, and if such letters or graphics be mounted directly on a wall or fascia or in such way as to be without a frame the dimensions for calculating the square footage shall be the area in a plane figure bounded by straight lines connecting the outermost points thereof. Each surface utilized to display a message or to attract attention shall be measured as a separate sign and shall be calculated in the overall square footage. 2. A freestanding sign or sign structure constructed so that the faces are not back to back, shall not have an angle separating the faces exceeding twenty degrees (20°) unless the total area of both sides added together does not exceed the maximum allowable sign area for that district. I. Height: 1. The top of a wall sign, including its structure, if any, shall be no higher than the roof of the building to which such sign may be attached. 2. Freestanding Signs: a. The height of the sign shall be measured from the ground at the base to the highest-most part of the structure. b. Within commercial, industrial, or institutional districts, properties with an elevation below that of the centerline of the adjacent street, measured at the closest distance between the sign location and centerline of the street, the height of a freestanding sign may increase to be not more than the allowed height of a freestanding sign within the applicable district above the centerline elevation of the street with a total height not to exceed more than ten feet (10') above the maximum height of the applicable district. J. Materials: All exterior mounted signs shall be constructed of high quality materials, durable and resistant to fading, cracking, chipping, peeling, or other forms of extreme wear; signs shall not be applied with paint directly onto the exterior surface of a building. K. Illumination: 1. Illuminated signs shall comply with section 11-16-6 of this title and shall be shielded to prevent lights from being directed onto residential property, or at oncoming traffic in such brilliance that it impairs the vision of the driver. Nor shall such signs interfere with or 12 obscure an official traffic sign or signal. This includes indoor signs which are visible from public streets and highways. 2. No sign may be illuminated in any way so as to exceed a maximum intensity of five thousand (5,000) nits during daylight hours or five hundred (500) nits from sunset to sunrise measured at the sign face at maximum brightness. 3. Signs using fluorescent, neon or incandescent light sources shall not exceed twelve (12) watts per square foot of sign surface area. 4. All signs installed after October 22, 2012, shall be equipped with a mechanism that automatically adjusts the brightness to ambient lighting conditions to conform to the requirements of this chapter. 5. The owner of any illuminated sign shall provide certification as to compliance with this section to the City upon request by the Zoning Administrator. L. Projecting Signs. Projecting signs may be allowed in commercial districts provided that: 1. The sign shall not project more than five feet (5') beyond the wall to which it is mounted, may not project over any vehicular drive aisle or traveled portion of a public or private street and project over a public right- of-way. 2. There shall be a minimum of eight feet (8') of clearance under the base of the sign to the ground below. 3. The area of the projecting sign shall not exceed twenty four (24) square feet. M. Freeway Sign Corridor. The boundaries of a freeway sign corridor for uses within business, mixed use, and industrial districts regulated by sections 11-37-7 and 11-37-8 of this chapter shall be defined as follows: 1. I-94 Corridor. Those properties, or portions thereof, located within two thousand six hundred forty feet (2,640') of the I-94 right-of- way. 2. TH 101 Corridor. Those properties, or portions thereof, meeting at least one (1) of the following criteria: a. Located within six hundred sixty feet (660') of the right-of-way for TH 101, between the rights-of-way of Quaday Avenue and TH 101, or between the rights- of-way of Queens Avenue and TH 101, whichever is most restrictive. b. Those properties abutting the east right-of-way line of Queens Avenue between 53rd Street (CSAH 36) and 70th Street (CSAH 37). c. Those properties developed with convenience food, hotel, motor fuel and restaurant uses located between the rights-of-way of Parrish Avenue (CSAH 42), 13 River Road (CSAH 42), and Quaday Avenue west of TH 101, or located between the rights-of-way of River Road (CSAH 42) and Queens Avenue east of TH 101. 11-37-4: SIGNS ALLOWED WITHOUT A PERMIT: The following signs may be installed and displayed upon a property without issuance of a sign permit in addition to the signs allowed by zoning district in accordance with this chapter: A. General Signs. One (1) sign not to exceed sixteen (16) square feet and a height of eight feet (8’). B. Address Signs. One (1) wall sign upon an elevation of the building facing the street from which the property is addressed as required by Title 9, Chapter 8 of this code. C. Election Period Signs. All noncommercial signs of any area or in any number may be displayed from August 1 until ten (10) days following the Tuesday after the first Monday of November of each year. D. Window Signs. Window signs shall be allowed subject to the sign area allowances of the respective zoning districts; sign(s) shall not exceed twenty five percent (25%) of the total area of the window in which they are displayed. E. Public Signs. Any signs in the public interest erected by, or on the order of public jurisdictions in the performance of their public duty, such as directional signs, regulatory signs, warning signs, informational signs, whether or not such signs are in the public rights-of- way. F. Utilities. All warning signs posted by public utilities including, but not limited to, electric, natural gas, telephone, cable, or fiber. G. Real Estate. The following signs may be displayed when a single property is being offered for sale or lease: 1. Residential Districts. One (1) freestanding sign not to exceed twelve (12) square feet in area and a height of six feet (6’) shall be allowed in each yard abutting a public right-of- way. 2. Other Districts. Two (2) signs not to exceed thirty two (32) square feet in area, erected up to a height of eight feet (8') when freestanding, for each yard abutting a public street. H. Land Development. The following signs shall be allowed temporarily upon approval of a preliminary plat for a subdivision having not less than three (3) lots or approval of site and building plans, a conditional use permit, or an interim use permit for development of one (1) commercial, industrial, or institutional use provided that: 1. One (1) sign shall be allowed per project or subdivision or one (1) sign for each frontage to a collector or arterial street, whichever is greater. 2. The sign area not exceed sixty four (64) square feet. 3. The height of the sign shall not exceed eight feet (8') if free standing. 14 4. The following additional signs shall be allowed to be displayed on residential properties used as model homes as provided for by Chapter 20 of this title: a. One (1) freestanding sign shall be allowed. b. The sign area shall not to exceed thirty two (32) square feet. c. The height of the sign shall not exceed eight feet (8'). d. Not more than three (3) flags with a maximum area of sixteen (16) square feet per face per flag and maximum height of twenty four feet (24') shall be allowed upon lots within the subdivision. 5. The signs allowed by this section 11-37-4.H shall only be displayed for the following duration, unless extended by the Zoning Administrator: a. Subdivisions. A period not to exceed three (3) years from the date of approval of the most recent final plat of a preliminary plat or until a building permit has been issued for one hundred percent (100%) of the lots within a final plat or subsequent phases of the same preliminary plat of a subdivision, whichever occurs first. b. Commercial, Industrial, or Institutional Uses. A period not to exceed two (2) years from the date of approval required by this title or until a certificate of occupancy has been issued for the principal building for the use, whichever occurs first. 11-37-5: AGRICULTURE DISTRICT SIGNS. In addition to the signs allowed by section 11-37-4 of this chapter, the following signs are allowed within agriculture zoning districts established by chapter 50 of this title: A. One (1) wall or freestanding sign is allowed, provided, that: 1. The sign area shall not exceed sixty four (64) square feet. 2. The maximum height of a freestanding sign shall not exceed eight feet (8'). B. Forestry, nursery, greenhouse, tree farm, and farm winery uses shall be allowed the following signs: 1. Wall Signs: a. One (1) wall sign is allowed. b. The sign area shall not exceed one hundred (100) square feet. 2. Freestanding Signs: a. One (1) freestanding sign is allowed. 15 b. The sign area shall not exceed one hundred (100) square feet, except that within the freeway sign corridor established by section 11-37-3.M of this chapter the sign area shall not exceed two hundred (200) square feet. c. The height of the sign shall not exceed twenty feet (20'), except that within the freeway sign corridor established by section 11-37-3.M of this chapter, the height of the sign shall not exceed fifty feet (50'). 3. One (1) additional sign shall be allowed in addition to the signs allowed by sections 11- 37-5.A and 11-37-5.B of this section, subject to the following provisions: a. The sign area shall not exceed thirty two (32) square feet. b. The height of the sign shall not exceed eight feet (8') if freestanding. c. The sign shall be displayed for not more than thirty (30) days within one (1) calendar year, except by interim use permit. C. Subdivisions. One (1) freestanding sign shall be allowed at each intersection of a collector or arterial street for a subdivision having three (3) or more lots or a lot having three (3) or more principal buildings, provided that: 1. The sign area shall not exceed thirty two (32) square feet. 2. The height of the sign shall not exceed eight feet (8'). 11-37-6: RESIDENTIAL DISTRICT SIGNS. In addition to the signs allowed by section 11-37-4 of this chapter, the following signs are allowed within residential zoning districts established by Chapter 50 of this title: A. Properties With Multiple Family Dwellings: 1. Wall Signs: a. Wall signs may be located on any elevation of a principal building except that facing a side or rear lot line abutting a residential district. b. The total area of wall signs displayed on a single building elevation shall not exceed fifteen percent (15%) of the area of said building elevation. c. The area of an individual sign shall not exceed one hundred (100) square feet. 2. Freestanding Signs: a. One (1) freestanding sign shall be allowed. b. The sign area shall not exceed sixty four (64) square feet. 16 c. The height of the sign shall not exceed fifteen feet (15'). B. Home Occupations. A property with a home occupation as allowed by chapter 28 of this chapter shall be allowed one (2) sign, subject to the following: 1. The sign area shall not exceed four (4) square feet. 2. The height of the sign shall not exceed six feet (6') if free standing. C. Subdivisions. One (1) freestanding sign shall be allowed at each intersection of a collector or arterial street for a subdivision having three (3) or more lots or a lot having three (3) or more principal buildings, provided that: 1. The sign area shall not exceed thirty two (32) square feet. 2. The height of the sign shall not exceed eight feet (8'). 11-37-7: BUSINESS AND MIXED USE DISTRICT SIGNS. In addition to the signs allowed by section 11-37-4 of this chapter, the following signs are allowed within business and mixed use zoning districts established by Chapter 50 of this title: A. Wall Signs: 1. Wall signs may be located on any elevation of a principal building except that facing a side or rear lot line abutting a residential district. 2. The total area of wall signs displayed on a single building elevation shall not exceed fifteen percent (15%) of the area of said building elevation. 3. The area of an individual sign shall not exceed one hundred (100) square feet; within the freeway sign corridor established by section 11-37-3.M of this chapter or buildings with a floor area larger than one hundred thousand (100,000) square feet the sign area shall not exceed two hundred (200) square feet. B. Freestanding Signs: 1. One (1) freestanding sign shall be allowed per property, except as may be allowed by this chapter. 2. The sign area shall not exceed one hundred (100) square feet; within the freeway sign corridor established by section 11-37-3.M of this chapter the sign area shall not exceed two hundred (200) square feet. 3. The height of the sign shall not exceed twenty feet (20'); within the freeway sign corridor established by section 11-37-3.M of this chapter the height of the sign shall not exceed fifty feet (50'). 17 C. Abutting Collector/Arterial Streets. One (1) additional freestanding sign shall be allowed for properties abutting an arterial or collector street, but to which there is no driveway access, subject to the following: 1. The sign shall be located in a yard abutting the street to which the lot has access. 2. The sign area shall not exceed sixty four (64) square feet. 3. The height of the sign shall not exceed fifteen feet (15'). D. Abutting Properties. Separate commercial uses on abutting properties with a common lot line may locate one (1) shared freestanding sign in lieu of the individual freestanding signs allowed by section 11-37-7.B of this chapter, provided that: 1. One (1) freestanding sign shall be allowed, except as may be allowed by this chapter. 2. The sign area shall not exceed two hundred (200) square feet; within the freeway corridor district the sign area shall not exceed two hundred (400) square feet. 3. The height of the sign shall not exceed thirty feet (30'); within the freeway corridor district, the height of the sign shall not exceed sixty feet (60'). 4. An agreement addressing construction, maintenance, and repair responsibilities and access rights is established and filed with the Wright County Recorder against the titles of the two (2) properties involved in the collocated freestanding sign prior to issuance of a sign permit. Amendment or cancellation of the agreement shall be allowed only upon written approval by the Zoning Administrator. E. Motor Fuel Facilities: Signs for motor fuel facilities shall allowed the following additional signs: 1. Within a freestanding sign, an additional area not to exceed twenty four (24) square feet shall be allowed for continuous display (no flashing, scrolling, or other animation) of electronic or nonelectronic changeable copy identifying current fuel prices in accordance with Minnesota state statutes section 239.751. 2. Canopy. One (1) wall sign not to exceed four eight (48) square feet shall be allowed on canopy elevations not facing a residential district. F. Subdivisions. One (1) freestanding sign shall be allowed at each intersection of a collector or arterial street for a subdivision having three (3) or more lots or a lot having three (3) or more principal buildings, provided that: 1. The sign area shall not exceed two hundred (200) square feet. 2. The height of the sign shall not exceed fifteen feet (15'). 3. An association or other form of deed restriction and ownership deemed acceptable by the City Attorney involving all the properties within the designated area assigning 18 responsibility for perpetual maintenance and all costs associated with the sign(s) shall be required and recorded with each property. G. Temporary Signs. One (1) sign shall be allowed upon a property on a temporary basis subject to the following provisions: 1. The sign area shall not exceed thirty two (32) square feet. 2. The sign height shall not exceed eight feet (8') if freestanding. 3. The sign shall be displayed for not more than thirty (30) days within one (1) calendar year, except by interim use permit. 11-37-8: INDUSTRIAL DISTRICT SIGNS. In addition to the signs allowed by section 11-37-4 of this chapter, the following signs are allowed within industrial zoning districts established by Chapter 50 of this title: A. Wall Signs: 1. Wall signs may be located on any elevation of a principal building except that facing a side or rear lot line abutting a residential district. 2. The total area of wall signs displayed on a single building elevation shall not exceed fifteen percent (15%) of the area of said building elevation. 3. The area of an individual sign shall not exceed one hundred (100) square feet; within the freeway sign corridor established by section 11-37-3.M of this chapter the sign area shall not exceed two hundred (200) square feet. B. Freestanding Signs: 1. One (1) freestanding sign shall be allowed per property, except as may be allowed by this chapter. 2. The sign area shall not exceed one hundred (100) square feet; within the freeway sign corridor established by section 11-37-3.M of this chapter the sign area shall not exceed two hundred (200) square feet. 3. The height of the sign shall not exceed twenty feet (20'); within the freeway sign corridor established by section 11-37-3.M of this chapter the height of the sign shall not exceed fifty feet (50'). C. Abutting Collector/Arterial Streets. One (1) additional freestanding sign shall be allowed for properties abutting an arterial or collector street, but to which there is no driveway access, subject to the following: 1. The sign shall be located in a yard abutting the street to which the lot has access. 19 2. The sign area shall not exceed sixty four (64) square feet. 3. The height of the sign shall not exceed fifteen feet (15'). D. Abutting Properties. Separate commercial uses on abutting properties with a common lot line may locate one (1) shared freestanding sign in lieu of the individual freestanding signs allowed by section 11-37-8.B of this chapter, provided that: 1. One (1) freestanding sign shall be allowed, except as may be allowed by this chapter. 2. The sign area shall not exceed two hundred (200) square feet; within the freeway corridor district the sign area shall not exceed two hundred (400) square feet. 3. The height of the sign shall not exceed thirty feet (30'); within the freeway corridor district, the height of the sign shall not exceed sixty feet (60'). 4. An agreement addressing construction, maintenance, and repair responsibilities and access rights is established and filed with the Wright County Recorder against the titles of the two (2) properties involved in the collocated freestanding sign prior to issuance of a sign permit. Amendment or cancellation of the agreement shall be allowed only upon written approval by the Zoning Administrator. E. Motor Fuel Facilities: Signs for motor fuel facilities shall allowed the following additional signs: 1. Within a freestanding sign, an additional area not to exceed twenty four (24) square feet shall be allowed for continuous display (no flashing, scrolling, or other animation) of electronic or nonelectronic changeable copy identifying current fuel prices in accordance with Minnesota state statutes section 239.751. 2. Canopy. One (1) wall sign not to exceed four eight (48) square feet shall be allowed on canopy elevations not facing a residential district. F. Subdivisions. One (1) freestanding sign shall be allowed at each intersection of a collector or arterial street for a subdivision having three (3) or more lots or a lot having three (3) or more principal buildings, provided that: 1. The sign area shall not exceed two hundred (200) square feet. 2. The height of the sign shall not exceed fifteen feet (15'). 3. An association or other form of deed restriction and ownership deemed acceptable by the City Attorney involving all the properties within the designated area assigning responsibility for perpetual maintenance and all costs associated with the sign(s) shall be required and recorded with each property. G. Temporary Signs. One (1) sign shall be allowed upon a property on a temporary basis subject to the following provisions: 20 1. The sign area shall not exceed thirty two (32) square feet. 2. The sign height shall not exceed eight feet (8') if freestanding. 3. The sign shall be displayed for not more than thirty (30) days within one (1) calendar year, except by interim use permit. 11-37-10: INSTITUTIONAL DISTRICT SIGNS. In addition to the signs allowed by section 11-37-4 of this chapter, the following signs are allowed within the INS, Institutional District: A. Wall Signs: 1. Wall signs may be located on any elevation of a principal building. 2. There shall be no limit as to the area of wall signs. B. Freestanding Signs: 1. One (1) freestanding sign shall be allowed per for each yard abutting a public street to which the property has access. 2. Sign Area: a. The sign area shall not exceed one hundred (100) square feet. b. The freestanding sign may include electronic changeable copy, provided that: (1) Operation: The operation of the electronic sign shall require issuance of a license pursuant to title 4, chapter 11 of this code. (2) Location: (a) The sign shall be displayed only in a yard abutting an arterial, residential collector, or commercial/industrial collector street as defined by the Comprehensive Plan. (b) The sign shall be set back a minimum of fifty feet (50') from any side or rear lot line abutting a residential district. (3) Sign Structure: (a) The electronic display shall be incorporated as part of the freestanding sign allowed by subsection 11-37-10.B.1 and 2 of this section. (b) The sign, including the electronic display, shall be a monument structure constructed with a base constructed of brick, stone, or decorative masonry equal to at least 40 percent of the sign area 21 extending horizontally for a minimum of the entire width of the sign face, but shall not be counted toward the sign area and shall not contain any sign copy. 3. The height of the sign shall not exceed twenty feet (20'). E. Temporary Signs. One (1) sign shall be allowed upon a property on a temporary basis subject to the following provisions: 1. The sign area shall not exceed thirty two (32) square feet. 2. The sign height shall not exceed eight feet (8') if freestanding. 3. The sign shall be displayed for not more than twenty one (21) days within one (1) calendar year, except by interim use permit. 11-37-11: PLANNED UNIT DEVELOPMENT SIGNS. Signs allowed within a PUD, Planned Unit Development District shall be those of the most closely related conventional zoning district being considered presumptively appropriate, but may be departed from through approval of a PUD District ordinance or PUD Development Stage Plan as provided for by Chapter 36 of this title. 11-37-12: PROHIBITED SIGNS: The following signs are prohibited and shall not be installed or displayed upon any property: A. Any sign, signal, marking or device that purports to be or is an imitation of or resembles any official traffic control device or railroad sign or signal, or emergency vehicle signs, or which attempts to direct the movement of traffic or which hides from view or interferes with the effectiveness of any official traffic control device or any railroad sign or signal unless required by this chapter or this Code. B. All signs over two hundred (200) square feet in area, except within the INS District. C. Off premises signs. D. Balloon signs. E. Content classified as "obscene" as defined by Minnesota Statutes section 617.241. F. Dynamic display signs, including but not limited to electronic changeable copy, electronic graphic display, and/or video display signs except as specifically allowed by this chapter. G. Flashing signs. H. Motion signs. I. Multivision signs. J. Roof signs. 22 K. Rotating signs. L. Shimmering signs. M. Signs painted, attached or in any other manner affixed to trees or similar natural surfaces, or attached to utility poles, bridges, towers, or similar public structures. N. Portable signs including signs on or attached to equipment such as vehicles, semi-truck trailers, or other portable trailers where signing is a principal use of the equipment on either a temporary or permanent basis. O. Any sign within public rights-of-way except those signs installed at the direction of the Minnesota Department of Transportation, Wright County, or the City of Otsego. Section 12. Section 11-60-8.E.2.a of the Zoning Ordinance (R-C District – Neighborhood Performance Standards) is hereby amended to read as follows: a. All detached accessory buildings shall be: (1) Located behind the rear most building line of the principal structure. (21) Structures larger than one hundred fifty (150) square feet shall be within the side and rear setbacks required in subsection C1 of this section. (32) Within an area one hundred fifty feet (150') from the rear most building line of the principal structure. Section 13. This Ordinance shall become effective immediately upon its passage and publication. (Remainder of page intentionally blank – signature page to follow) 23 ADOPTED by the Otsego City Council this ___ day of ________, 2026. MOTION BY: SECONDED BY: IN FAVOR: OPPOSED: CITY OF OTSEGO __________________________________ Jessica L. Stockamp, Mayor ATTEST: __________________________________ Audra Etzel, City Clerk