3.3. PCSR 01-23-2018
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
Request for Action
To
Planning Commission
Item Number
3.3
Agenda Section
Work Session
Meeting Date
January 23, 2018
Prepared by
Chris Leeseberg, Senior Planner
Item Description
Ordinance Amendment – Zoning District Uses
Reviewed by
Zack Carlton, Planning Manager
Reviewed by
Action Requested
Review and discuss the proposed permitted, accessory, and conditional uses listed in each zoning district.
Background/Discussion
Staff is seeking to simplify the city code by clarifying the permitted uses in each district and reducing the
number of uses requiring a Conditional Use Permit. This amendment will eventually be brought forward
in conjunction with the definition ordinance amendment (OA 18-02).
Along with the definitions, staff looked at all of the uses/terms listed in each zoning district and noticed
many similarities in uses/terms within the same district. The first part of this request is to combine
repetitive uses/terms into one and tie it back to a definition.
The second part is to shift uses, where appropriate, from a conditional use to a permitted use. The uses
proposed to be shifted are not anticipated to negatively affect the public health, safety, and general
welfare of the city residents.
The third part is to alphabetize each use in their respective sections.
The proposed changes are attached, and a key is located at the top of each page to indicate what is being
added, moved, or deleted. If you notice something was not transferred from the “old” language to the
“new’ language please let staff know.
The Key
The key used for all districts is noted in the header. The standard strikethroughs mean text is proposed
to be removed while underlines mean text is proposed to be added.
The yellow highlighted text references uses that have been relocated within a zoning district. For
instance, if something was a conditional use and was moved to a permitted use, it is highlighted yellow.
The blue highlighted text references a new use and/or language being added.
The green highlighted text references uses and/or language that have been removed entirely from the
zoning district.
In the C-3 district, magenta is also utilized. This is showing what uses are allowed in the C-4 district.
Staff is proposing removing the C-4 district entirely and rezoning the four small C-4 districts to C-3. The
magenta highlighted text is for reference only and will not show up in the ordinance.
Residential Districts
With direction on the various residential districts discussed earlier at the January 23, 2018, work session,
staff will work on combining the various residential districts and adjust the uses as needed.
Financial Impact
None
Attachments
Proposed changes for the following zoning districts:
o A1
o R1
o R2a
o R2b
o R3
o R4
o C1
o C2
o C3
o C4
o DD
o I1
o I2
o I3
o BP
o AR
o CRT
o MU_ERP
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Sec. 30-1562. - A-1 agricultural conservation district.
(a) Purpose. The agricultural conservation district is established for the purpose of preserving,
promoting, maintaining, and enhancing the use of land for commercial agricultural purposes, to
prevent scattered and leap-frog nonfarm growth, and to protect expenditures for such public
services as roads and road maintenance, and police and fire protection.
(b) Permitted uses. Permitted uses in the A-1 district are as follows:
(1) Agricultural uses (five-acre minimum lot size).
(2) Public parks, playgrounds and open space.
(3) Facilities for flood and erosion control.
(4) Horticultural uses.
(5) Golf courses and country clubs.
(6) Single-family dwellings.
(7) Model homes in compliance with section 30-800.
(8) Licensed day care facilities for 12 or fewer children.
(9) Permitted home occupations.
(10) Truck tractor and/or trailer parking (non-platted parcels five acres in size or greater).
(11) Open space preservation development plats (residential clustering).
(12) Bed and breakfasts establishments shall be allowed as a permitted use, subject to site
plan review, provided the use complies with the following criteria:
a. Off street parking shall be provided at a rate of one space per guest room plus those
required for the single-family use. A piggy-backed or tandem parking arrangement is
permitted.
b. Off street parking shall be provided on an existing driveway.
c. Signage shall be limited to one freestanding sign, not to exceed four feet in height and
eight square feet in size, and one wall sign not to exceed four square feet in size. Signs
shall not be illuminated.
d. The exterior appearance of the structure shall not be altered from its single -family
character.
e. The proposal shall comply with all building and fire code requirements.
If the proposed bed and breakfast business does not comply with one or more of the
above criteria, it will require a conditional use permit.
(c) Accessory uses. Accessory uses in the A-1 district are as follows:
(1) Accessory farm structures.
Staff will be proposing rezoning this district to CRT
thus eliminating this district all together.
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(2) Public shelters and essential services.
(3) Garages and sheds, including metal-skinned buildings.
(4) Private recreational facilities.
(5) Private kennels.
(d) Conditional uses. Conditional uses in the A-1 district are as follows:
(1) Commercial recreational facilities.
(2) Campgrounds.
(3) Feedlots.
(4) Institutional uses.
(5) Roadside sales stands.
(6) Veterinary clinics and commercial kennels.
(7) Cemeteries and memorial gardens.
(8) Conditional home occupations.
(9) Airports.
(10) Business and professional offices.
(11) Temporary mobile homes consistent with subdivision I of division 5 of this article.
(12) Licensed day care facilities for 13 or more children in institutional buildings.
(13) Agricultural uses (less than five-acre lot size).
(14) Truck tractor and/or trailer parking (platted parcels or parcels less than five acres in
size).
(15) Wind generators.
(16) Cooperative gardening in preserved open space.
(17) Horticulture and floriculture services in preserved open space.
(18) Private stables in preserved open space.
(19) Wayside stands in preserved open space.
(20) Landscaping contractors yard provided that:
a. The use is on unplatted property.
b. Screening of outdoor storage areas is provided if the outdoor storage area is within 50
feet of a property line.
(21) Cemeteries minimum lot size four acres.
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(Code 1982, § 900.12(4); Ord. No. 99-32, § 2(900.12(4)(A), (4)(C)), 11-15-1999; Ord. No. 01-01, § 2,
1-16-2001; Ord. No. 03-16, § 2, 10-20-2003; Ord. No. 05-05, § 5, 3-21-2005; Ord. No. 05-08, § 1, 4-
4-2005)
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Sec. 30-991. - R-1 districts.
(a) Purpose.
(1) Generally. The R-1 residential districts are established to accomplish the general purposes of
this article and for the following specific purposes:
a. Preserve living qualities of residential neighborhoods.
b. Ensure future high quality amenities, including, but not limited to, the provision of
adequate light, air, privacy, and convenience of access to property.
c. Increase convenience and comfort by providing usable open space and recreation
space on or near the housing units they serve.
d. Prevent additions or alterations of structures which would damage the character or
desirability of existing residential areas.
e. Protect residential areas, to the extent possible and appropriate in each area, against
unduly heavy motor vehicle traffic.
f. Encourage a variety and range of dwelling types and a wide range of population
densities with emphasis on home ownership.
(2) R-1a district. The rural residential district is intended to allow for a rural lifestyle by
permitting low density residential development in areas that are marginal or nonfeasible for
agriculture. The R-1a district is intended to be primarily a residential district, but may also
accommodate agriculture-related and accessory uses. This is the general area of the city
which is not primarily suited to farming due to soil conditions, slope, tree cover, and other
physical features better suited for non-farm housing and related accessory uses.
(3) R-1b district. This district is intended to provide land for attractive and diverse low density
single-family residential development, and to primarily contain detached low density single-
family residential developments and low density planned unit development. Subdivisions
utilizing on-site sewage disposal systems and private water wells cannot exceed one single-
family residence per gross acre. Construction of on-site sewage disposal systems shall not
be permitted on adjoining lots. Streets and other improvements may be temporary in
nature as approved by the city council.
(4) R-1c district. This district is intended to provide single-family residences in areas with full
municipal public sanitary sewers, storm sewers, and municipal water in areas that are a
continuation of existing residential development patterns and the infilling of existing lots in
established areas.
(5) R-1d district. This district is intended to provide single-family residential districts with larger
lots and higher quality housing types in areas with full municipal public sewers, storm
sewers, and municipal water in areas that possess significant natural features, including
vegetation, wetlands, and topographic features. This district is intended to encourage the
design of subdivisions that protect natural features while providing high quality housing
sites.
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(b) Permitted uses . Permitted uses in the R-1 districts are as follows:
(1) Agricultural uses (only in the R-1a district on parcels 5 acres or larger).
(2) Bed and breakfast establishments, homeowner-occupied.
(3) Farm wineries (only in the R-1a district on parcels 5 acres or larger).
(4) Model homes (in compliance with section 30-800).
(5) Open space preservation (as permitted in Section 30-511 et seq.).
(6) Public parks.
(7) Residential, single family.
(8) State licensed residential facilities or a housing with services establishment
registered under chapter 144D serving six or fewer persons, a licensed day care
facility serving 12 or fewer persons, and a group family day care facility licensed
under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children
shall be considered a permitted single family residential use of property for the
purposes of zoning, except that a residential facility whose primary purpose is to
treat juveniles who have violated criminal statutes relating to sex offenses or have
been adjudicated delinquent on the basis of conduct in violation of criminal
statutes relating to sex offenses shall not be considered a permitted use.
(1) Single-family dwellings per section 30-799.
(2) Licensed day care facilities for 12 or fewer children;
(3) Model homes in compliance with section 30-800;
(4) Agricultural uses in the R-1a district (more than five-acre lot size);
(5) Public parks, playgrounds and open space;
(6) Permitted home occupations;
(7) Truck tractor and/or trailer parking (nonplatted parcels five acres in size or greater within
the R-1a district);
(8) State-licensed residential facilities or housing with services establishments registered under
Minn. Stats. ch. 144D serving six or fewer persons, licensed day care facilities serving 12 or
fewer persons and group family day care facilities licensed under Minnesota Rules, parts
9502.0315 to 9502.0445, to serve 14 or fewer children, except that a residential facility
whose primary purpose is to treat juveniles who have violated criminal statutes relating to
sex offenses or have been adjudicated delinquent on the basis of conduct in violation of
criminal statutes relating to sex offenses shall not be a permitted use;
(9) Open space preservation development plats within the R-1a district (residential clustering);
(10) Towers less than 60 feet in height;
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(11) Private kennels on parcels five buildable acres or greater, excluding lots located in cluster
subdivisions (see subsection (d)(12));
(12) Homeowner-occupied bed and breakfast establishments shall be allowed in all residential
districts as a permitted use, subject to site plan review, provided the use complies with the
following criteria:
a. Off street parking shall be provided at a rate of one space per guest room plus those
required for the single-family use. A piggy-backed or tandem parking arrangement is
permitted;
b. Off street parking shall be provided on an existing driveway;
c. Signage shall be limited to one freestanding sign, not to exceed four feet in height and
eight square feet in size, and one wall sign not to exceed four square feet in size. Signs
shall not be illuminated;
d. The exterior appearance of the structure shall not be altered from its single-family
character;
e. The proposal shall comply with all building and fire code requirements:
If the proposed bed and breakfast business does not comply with one or more of the
above criteria, it will require a conditional use permit.
(13) Farm wineries in the R-1a zoning district provided the use does not include on-site sales of
any type;
(14) Accessory dwelling units, on single family detached lots, provided:
a. Not more than one accessory dwelling unit shall be allowed on a single-family
detached lot;
b. An accessory dwelling unit may be permitted within a principal single family dwelling
unit or in a detached accessory structure;
c. An accessory dwelling unit shall require a building permit that may only be applied for
concurrently with the application for a building permit for construction of the
principal single family dwelling unit on the lot or after the construction of the principal
structure;
d. A detached accessory dwelling unit shall be counted towards the total number of
allowed accessory structures on a parcel;
e. A rental license for the accessory dwelling unit is obtained pursuant to chapter 30,
article III, division 3 of the City Code;
f. An accessory dwelling unit shall be clearly a subordinate part of the principal single
family dwelling unit on the lot and the living area shall not be more than 1,000 square
feet, nor less than 250 square feet in size;
g. No more than two sleeping rooms shall be allowed in an accessory dwelling unit;
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h. The entrance to an accessory dwelling unit shall not be in the front yard of the
principal single family dwelling unit;
i. In the A-1 and R-1a districts, and on lots greater than 2½ acres in the R-1b, R-1c, R-
1d, R1e, and residential PUD districts, detached accessory dwelling units may be
finished with wood, vinyl lap siding, metal siding, metal panels, and/or masonry. On
lots less than 2½ acres in the R-1b, R-1c, R-1d, R-1e and residential PUD districts,
detached accessory dwelling units may be finished with wood, vinyl lap siding, metal
siding, and/or masonry;
j. Accessory dwelling units in combination with their associated principal single family
dwelling unit must conform to all City Code requirements for single family dwellings,
including but not limited to setback, height, impervious surface, and accessory
structure standards;
k. In addition to the parking required for the principal single family dwelling unit on the
lot, there shall be one off-street parking space provided on an approved surface for
the accessory dwelling unit;
l. The property owner must reside in the principal single family dwelling unit or in the
accessory dwelling unit;
m. An accessory dwelling unit must be on the same parcel of property as the principal
single family dwelling unit. A property may not be subdivided or otherwise segregated
to provide separate ownership of an accessory dwelling unit;
n. The principal single family dwelling unit and accessory dwelling unit shall have one
postal address;
o. An accessory dwelling unit must provide for one independent housekeeping unit
having cooking, sleeping, and sanitary facilities;
p. The principal single family dwelling unit and accessory dwelling unit shall be served by
single well, septic, municipal water, sanitary sewer, gas and/or electric utility service
lines. Separate meters for the respective utilities are allowed;
q. The principal single family dwelling unit and attached accessory dwelling unit shall
have one heating and air conditioning system;
r. The accessory dwelling unit and the associated principal single family dwelling unit
must meet all current state building, plumbing, electrical, mechanical, and fire code
provisions including emergency vehicle access to any accessory dwelling unit.
(c) Accessory uses. Accessory uses in the R-1 districts are as follows:
(1) Accessory dwelling units.
(2) Agricultural buildings.
(3) Home occupations, permitted.
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(4) Kennels, private. (A Conditional Use Permit is required on parcels less than 5
buildable acres or on parcels located in cluster subdivisions).
(5) Parking Lots
(6) Private recreation facilities.
(7) Structures, accessory.
(8) Towers (less than 60 feet in height).
(9) Tractor trailer parking (only in the R-1a district on parcels 5 acres or larger).
(10) Trailer, temporary
(11)Signs (as permitted in Section 30-851 et seq.).
(1) Accessory farm structures.
(2) Public shelters and essential services.
(3) Garages and sheds, including metal-skinned buildings in R-1a districts.
(4) Private recreational facilities.
(5) Signs as permitted in section 30-851 et seq.
(d) Conditional uses. Conditional uses in the R-1 districts are as follows:
(1) Agricultural uses (in the R-1b, R-1c, and R-1d districts on parcels 5 acres or larger
and in the R-1A district on parcels less than 5 acres).
(2) Bed and breakfast establishments, non-homeowner-occupied.
(3) Cemeteries (minimum lot size 4 acres).
(4) Cooperative gardening.
(5) Day care, (in institutional building).
(6) Farm wineries (only in the R-1a zoning district when on-site sales are included
and/or on parcels less than 5 acres).
(7) Feedlots (only in the R-1a district on parcels 5 acres or larger).
(8) Golf courses and country clubs.
(9) Government facilities.
(10) Home occupations, conditional
(11) Horticultural uses.
(12) Institutional uses.
(13) Kennels, commercial.
(14) Kennels, private (on parcels less than 5 buildable acres or on parcels located in
cluster subdivisions).
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(15) Mobile homes, temporary
(16) Stables, private.
(17) Tractor trailer parking (only in the R-1a district on parcels less than 5 acres in size)
(18) Wayside stands.
(1) Conditional home occupations.
(2) Fairground facilities.
(3) Golf courses and country clubs.
(4) Governmental offices.
(5) Temporary mobile homes used as a residence.
(6) Institutional uses.
(7) Licensed day care facilities in institutional buildings.
(8) Agricultural uses in the R-1a district (less than five-acre lot size).
(9) Agricultural uses in R-1b, R-1c, and R-1d districts (five-acre minimum lot size).
(10) Feedlots in the R-1a district.
(11) Commercial kennels in the R-1a district.
(12) Private kennels on parcels less than five buildable acres or lots located in cluster
subdivisions. Maybe?
(13) Truck tractor and/or trailer parking (platted parcels or parcels less than five acres in size
within the R-1a district).
(14) Cooperative gardening in preserved open space.
(15) Horticulture and floriculture services in preserved open space.
(16) Private stables in preserved open space.
(17) Wayside stands in preserved open space.
(18) Therapeutic massage and sauna establishments operated as a home occupation.
(19) Cemeteries minimum lot size four acres.
(20) Non-homeowner-occupied bed and breakfast establishments, located on a collector street
or above, as identified in the city's comprehensive transportation plan, shall be a
conditional use in all residential districts, provided the use complies with the following
criteria:
a. Off-street parking shall be provided at a rate of one space per guest room plus those
required for the single-family use. A piggy-backed or tandem parking arrangement is
permitted.
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b. Off-street parking shall be provided on an existing driveway.
c. Signage shall be limited to one freestanding sign, not to exceed four feet in height and
eight square feet in size, and one wall sign not to exceed four square feet in size. Signs
shall not be illuminated.
d. The exterior appearance of the structure shall not be altered from its single-family
character.
e. The proposal shall comply with all building and fire code requirements.
(21) Farm wineries in the R-1a zoning district when on-site sales are included.
(Code 1982, § 900.12(5); Ord. No. 99-32, § 3(900.12(5)(A), (5)(C)), 11-15-1999; Ord. No. 01-05, § 2,
4-16-2001; Ord. No. 03-16, § 1, 10-20-2003; Ord. No. 04-13, § 2, 8-27-2004; Ord. No. 05-04, § 1, 3-
21-2005; Ord. No. 05-05, § 2, 3-21-2005; Ord. No. 05-08, § 1, 4-4-2005; Ord. No. 08-13, §§ 2, 3, 10-
20-2008; Ord. No. 15-03, § 2, 1-20-2015; Ord. No. 15-26, § 1, 8-17-2015; Ord. No. 15-30, § 1, 9-21-
2015)
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Sec. 30-992. - R-2a district.
(a) Purpose. The R-2a district is intended to create low density housing areas as a transition between
single-family housing and higher density residential housing.
(b) Permitted uses. Permitted uses in the R-2a district are as follows:
(1) Model homes (in compliance with Section 30-800)
(2) Public Parks
(3) Residential, duplex
(4) Residential, single family
(5) State licensed residential facilities or a housing with services establishment
registered under chapter 144D serving six or fewer persons, a licensed day care
facility serving 12 or fewer persons, and a group family day care facility licensed
under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children
shall be considered a permitted single family residential use of property for the
purposes of zoning, except that a residential facility whose primary purpose is to
treat juveniles who have violated criminal statutes relating to sex offenses or have
been adjudicated delinquent on the basis of conduct in violation of criminal statutes
relating to sex offenses shall not be considered a permitted use.
(1) Single-family dwellings.
(2) Two-family dwellings.
(3) State-licensed residential facilities or housing with services establishments registered under
Minn. Stats. ch. 144D serving six or fewer persons, licensed day care facilities serving 12 or
fewer persons and group family day care facilities licensed under Minnesota Rules, parts
9502.0315 to 9502.0445, to serve 14 or fewer children, except that a residential facility
whose primary purpose is to treat juveniles who have violated criminal statutes relating to
sex offenses or have been adjudicated delinquent on the basis of conduct in violation of
criminal statutes relating to sex offenses shall not be a permitted use.
State Law reference— Similar provisions, Minn. Stats. § 462.357, subd. 7.
(4) Model homes in compliance with section 30-800.
(5) Public parks, playgrounds and open space.
(6) Permitted home occupations in single-family dwellings.
(c) Accessory uses Accessory uses in the R-2a district are as follows:
(1) Home occupations, permitted
(2) Parking lots.
(3) Private recreational facilities.
(4) Signs (as permitted in section 30-851 et seq.).
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(5) Structures, accessory.
(1) Public shelters and essential services.
(2) Garages and sheds.
(3) Private recreational facilities.
(4) Signs as permitted in section 30-851 et seq.
(d) Conditional uses. Conditional uses in the R-2a district are as follows:
(1) Day care (in institutional buildings, licensed with more than 12 children)
(2) Governmental facilities.
(3) Home occupations, conditional
(4) Institutional uses.
(5) Zero lot line developments.
(1) Conditional home occupations in single-family dwellings.
(2) Metal-skinned buildings.
(3) Institutional uses.
(4) Governmental offices.
(5) Licensed day care facilities with 13 or more children in institutional buildings.
(6) Zero lot line development.
(7) Manufactured home parks as defined in Minn. Stats. § 327.14, subd. 3.
State Law reference— Similar provisions, Minn. Stats. § 462.357, subd. 1b.
(Code 1982, § 900.12(6); Ord. No. 04-13, § 3, 8-27-2004; Ord. No. 05-08, § 1, 4-4-2005)
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Sec. 30-993. - R-2b district.
(a) Purpose. The R-2b district is intended to:
(1) Create low density multiple dwelling areas with a broad range of housing types;
(2) Preserve and enhance transitional residential areas between lower and higher densities in
areas served by public utilities; and
(3) Enhance transitional areas between low density housing and other nonresidential land uses.
The district must be served by public sanitary sewers, storm sewers, and municipal water.
(b) Permitted uses. Permitted uses in the R-2b district are as follows:
(1) Model homes (in compliance with Section 30-800)
(2) Multiple-family dwelling (four units per structure maximum).
(3) Public Parks
(4) Residential, duplex
(5) Residential, single family
(6) State licensed residential facilities or a housing with services establishment
registered under chapter 144D serving six or fewer persons, a licensed day care
facility serving 12 or fewer persons, and a group family day care facility licensed
under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children
shall be considered a permitted single family residential use of property for the
purposes of zoning, except that a residential facility whose primary purpose is to
treat juveniles who have violated criminal statutes relating to sex offenses or have
been adjudicated delinquent on the basis of conduct in violation of criminal statutes
relating to sex offenses shall not be considered a permitted use.
(1) Single-family dwellings.
(2) Two-family dwellings.
(3) Townhouses and multifamily dwellings (four units per structure maximum).
(4) State-licensed residential facilities or housing with services establishments registered under
Minn. Stats. ch. 144D serving six or fewer persons, licensed day care facilities serving 12 or
fewer persons and group family day care facilities licensed under Minnesota Rules, parts
9502.0315 to 9502.0445, to serve 14 or fewer children, except that a residential facility
whose primary purpose is to treat juveniles who have violated criminal statutes relating to
sex offenses or have been adjudicated delinquent on the basis of conduct in violation of
criminal statutes relating to sex offenses shall not be a permitted use.
State Law reference— Similar provisions, Minn. Stats. § 462.357, subd. 7.
(5) Model homes in compliance with section 30-800.
(6) Public parks, playgrounds and open space.
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(7) Permitted home occupations in single-family dwellings.
(c) Accessory uses. Accessory uses in the R-2b district are as follows:
(1) Home occupations, permitted
(2) Parking lots.
(3) Private recreational facilities.
(4) Signs (as permitted in section 30-851 et seq.).
(5) Structures, accessory
(1) Public shelters and essential services.
(2) Garages and sheds.
(3) Private recreational facilities.
(4) Signs as permitted in section 30-851 et seq.
(d) Conditional uses. Conditional uses in the R-2b district are as follows:
(1) Day care (in institutional buildings, licensed with more than 12 children)
(2) Governmental facilities.
(3) Home occupations, conditional
(4) Institutional uses.
(5) Zero lot line developments.
(1) Conditional home occupations in single-family dwellings.
(2) Metal-skinned buildings.
(3) Institutional uses.
(4) Governmental offices.
(5) Licensed day care facilities with 13 or more children in institutional buildings.
(6) Zero lot line development.
(7) Manufactured home parks as defined in Minn. Stats. § 327.14, subd. 3.
State Law reference— Similar provisions, Minn. Stats. § 462.357, subd. 1b.
(Code 1982, § 900.12(7); Ord. No. 04-13, § 4, 8-27-2004; Ord. No. 05-08, § 1, 4-4-2005)
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Sec. 30-994. - R-3 townhome district.
(a) Statement of purpose. The purpose of the R-3 townhome district is to accommodate a variety of
housing types, including single-family detached, duplex and townhouse dwellings, at low to
moderate residential densities (approximately 11 units per acre or less). This district is a lso
intended to function as a transition between the less intense single -family district and the more
intense multifamily districts. Certain other structures and uses necessary to serve governmental,
educational, religious, recreational, and other needs of neighborhoods are allowed as permitted
or conditional uses subject to restrictions intended to preserve and protect the residential
character of the district.
(b) Permitted uses. Permitted uses in the R-3 district are as follows:
(1) Daycares, (for 16 or fewer children).
(2) Model homes (in compliance with section 30-800).
(3) Public Parks
(4) Residential, duplexes
(5) Residential, single family
(6) Residential, triplexes
(7) State licensed residential facilities or a housing with services establishment
registered under chapter 144D serving six or fewer persons, a licensed day care
facility serving 12 or fewer persons, and a group family day care facility licensed
under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children
shall be considered a permitted single family residential use of property for the
purposes of zoning, except that a residential facility whose primary purpose is to
treat juveniles who have violated criminal statutes relating to sex offenses or have
been adjudicated delinquent on the basis of conduct in violation of criminal statutes
relating to sex offenses shall not be considered a permitted use.
(8) Townhouse, attached
(1) Single family dwellings.
(2) Duplexes.
(3) Triplexes.
(4) Townhomes, with no more than six dwellings per structure if in a row or no more than
eight dwellings per structure if back-to-back.
(5) Model homes in compliance with section 30-800.
(6) Licensed daycare facilities for 16 or fewer children.
(7) Public parks, playgrounds and open space.
(8) State-licensed residential facilities or housing with services establishments registered under
Minn. Stats. ch. 144D serving six or fewer persons, licensed day care facilities serving 12 or
fewer persons and group family day care facilities licensed under Minnesota Rules, parts
9502.0315 to 9502.0445, to serve 14 or fewer children, except that a residential facility
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whose primary purpose is to treat juveniles who have violated criminal statutes relating to
sex offenses or have been adjudicated delinquent on the basis of conduct in violation of
criminal statutes relating to sex offenses shall not be a permitted use.
(c) Accessory uses. Accessory uses in the R-3 district are as follows:
(1) Accessory structures.
(2) Home occupations, permitted
(3) Private recreational facilities.
(4) Signs (as permitted in Section 30-851 et seq.).
(1) Public shelters and essential services.
(2) Garages and sheds.
(3) Private recreational facilities.
(4) Signs as permitted in section 30-851 et seq.
(d) Conditional uses. Conditional uses in the R-3 district are as follows:
(1) Cemeteries (minimum lot size 4 acres)
(2) Daycare, licensed (for 17 or more children).
(3) Government facilities
(4) Home occupations, conditional
(5) Institutional uses
(1) Licensed daycare facilities for 17 or more children.
(2) Governmental offices.
(3) Business and professional offices.
(4) Institutional uses.
(5) Home occupations.
(6) Cemeteries minimum lot size four acres.
(e) Density and open space. Development standards for density and open space are as follows:
(1) Density. The maximum development density within the R-3 district shall be eight units per
acre of net buildable area of the subdivision. Net buildable area shall be the total area less
public street rights-of-way, wetlands, major drainageways as defined by the comprehensive
storm water management plan, water bodies and slopes steeper than three to one (3:1)
slope ratio.
(2) Open space requirements. In instances where land is not given to meet the park dedication
requirements as required by section 30-327, then an area of useable open space for
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recreation purposes shall be designed into the project. Such area shall be a minimum of
12,000 square feet or five percent of the not buildable area, whichever is greater, and shall
be privately owned. The open space shall be of a quality that would allow it to be used for
active recreational purposes.
(f) Building design and construction standards. The building design and construction standards are as
follows:
(1) Unit width. The minimum width of a dwelling unit within the R-3 district shall be:
a. For single-family detached townhomes or end units on buildings containing more than
four units, 28 feet.
b. For internal dwelling units located in buildings containing more than four units, 24
feet.
(2) Unit construction.
a. Building elevations and floor plans shall be furnished with subdivision requests,
illustrating exterior building material and colors to demonstrate compliance with this
section. Building floor plans shall identify the interior storage space within each unit.
b. Buildings shall be designed to prevent the appearance of straight, unbroken lines in
their horizontal and vertical surface. There shall be no more than two continuous
townhouse dwelling units without a break in the horizontal and/or vertical elevations
of at least 32 inches.
c. Provision shall be made for possible decks, porches or additions as part of the initial
dwelling unit building plans. The unit lot shall be configured and sized to include
decks, patios, or porches.
d. In case of a gable roof, a minimum 12-inch overhang on gable ends shall be required
for all residential structures. All other soffits, on residential structures, are to have a
minimum 16-inch overhang.
e. The exterior of townhome dwelling units shall include a variation in building materials,
which are to be distributed throughout the building facades and coordinated into the
architectural design of the structure to create an architecturally balanced appearance.
The preferred materials are: brick, stucco, stone, dutch lap vinyl siding and fiber-
cement siding. In addition, townhome dwelling structures shall comply with the
following requirements:
1. A minimum of 25 percent of the combined area of all building facades of a
structure shall have an exterior finish of brick, stucco and/or natural or artificial
stone.
2. Except for brick, stucco, and/or natural or artificial stone, no single building
facade shall have more than 75 percent of one type of exterior finish.
3. Except for brick, stucco, and/or natural or artificial stone, no townhome dwelling
structure shall have more than 60 percent of all building facades of one type of
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exterior finish. Deck railings may be included as a change of material on the
facade of a building.
4. For the purpose of this section, the area of the building facade shall not include
area devoted to window, entrance doors, garage doors, or roof areas.
(3) Garages.
a. Each dwelling unit shall include an attached garage.
b. Garages shall comply with the following minimum size standards:
1. For single-family detached townhomes or end units in buildings containing more
than four units, both with basements: 484 square feet.
2. For single-family detached townhomes or end units in buildings containing more
than four units, both without basements: 584 square feet.
3. For internal units located in buildings containing more than four units, with or
without basements: 364 square feet.
4. Garages shall be a minimum of 22 feet in width, except garages attached to
internal units located in buildings containing more than four units, may be a
minimum of 14 feet in width.
(4) Outside storage. Outside storage shall be allowed only in designated areas that are screened
and under the ownership of the property owners' association, subject to other applicable
provisions of this chapter.
(g) Parking, vehicular and pedestrian circulation. The parking, vehicular and pedestrian circulation
standards are as follows:
(1) Resident parking. Resident parking shall be provided at one space per bedroom. Resident
parking may occur in the garage or in the driveway of individual units.
(2) Guest parking. At minimum, one-half guest parking space per unit shall be provided in an
off-street parking lot or private drive. The design of the off-street parking lot shall conform
to the parking requirements of this Code.
(3) Streets. All streets shall be public and shall comply with the design standards and
specifications as governed by article V of this chapter, pertaining to subdivision regulations,
except that the required right-of-way may be reduced to 50 feet and the required street
width reduced to 28 feet face to face with parking limited to one side.
(4) Drives.
a. Dead-end private driveways shall serve a maximum of two structures or six units per
side.
b. Private drives shall be under the ownership and control of the property owners'
association, which shall be responsible for the maintenance, repair, and replacement of
surfacing. The association shall maintain a capital improvement program for the
driveways under its ownership.
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c. Adequate length shall be added to the terminus of all dead end private drives for the
purposes of backing up and turning of vehicles from individual driveways. Such areas
shall not be used for parking.
d. Private drives must include plans and areas for snow storage or provide provisions in
the homeowners' association documents for snow removal.
e. Private drives shall be a minimum of 24 feet in width, back of curb to back of curb,
and shall not allow parking on either side unless they are a minimum 28 feet in width,
in which case parking may be allowed on one side.
(5) Sidewalks. A six-foot sidewalk shall be provided on one side of the public street.
(h) Landscaping/screening/lighting. A detailed landscaping and lighting plan shall be provided and
implemented pursuant to this section. The landscaping and screening shall address the
following:
(1) All open areas of the development project which are not used or improved for required
parking areas, drives or storage shall be landscaped with a combination of overstory trees,
understory trees, shrubs, flowers, and ground cover materials. The plan for landscaping
shall include ground cover, bushes, shrubbery, trees, sculpture, foundations, de corative
walks or other similar site design features or materials. The landscape plan shall include
detailed foundation plantings for areas adjacent to buildings, walks, etc. In addition to the
trees required by section 30-415, the following is required: a minimum of five shrubs for
each dwelling unit.
(2) Landscaping at the boundary of the site adjoining another property and the immediate
perimeter of the principal structure.
(3) Buffer-yard landscaping for yards bordering major collector and arterial streets. Buffer-yard
landscaping shall include berming and the use of coniferous trees.
(4) Screening of guest parking areas via the use of decorative fencing, berming, shrubs, trees,
or a combination thereof.
(5) All boulevards shall be sodded. Prior to sodding, the developer shall provide three inches
of black dirt that is tilled into the native soil. The areas to be sodded shall be fine graded
and rocks, trash, or other debris shall be removed.
(6) Screening of designated outdoor storage areas.
(7) All landscaped areas, including on-site traffic islands and all public rights-of-way adjacent
to the property (where access is allowed by the governmental jurisdiction), shall have an in -
ground irrigation system with an automatic controller.
(8) Effective and safe levels of lighting which aid night surveillance and residents' sense of
security shall be provided. Such lighting may be provided by streetlights or dwelling unit
lights which are controlled by timers or sensors.
(i) Transition requirements. Any R-3 zoned property abutting existing, developed single-family or
duplex homes shall have a minimum of one tier of single-family dwellings or duplex homes
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bordering such a development. Exemptions to the provisions of this subsection may be
granted, provided one or more of the following conditions exist:
(1) The properties are separated by a major collector or arterial street.
(2) The properties are separated by a railroad right-of-way, wetland, water body, floodplain,
public open space, park or other such similar publicly reserved and development restricted
area with a minimum width of 100 feet across its entire length.
(j) Utilities.
(1) All utilities serving an R-3 subdivision, including telephone, electricity, gas and tele-cable
shall be installed underground.
(2) Separate public utility services shall be provided to each unit unless exempted by the city
engineer.
(3) Water connection: Individual unit shutoff valves shall be provided.
(4) Sewer connection: Where more than one unit is served by a sanita ry sewer service, all
maintenance and cleaning shall be the responsibility of the homeowners' association.
Where individual units are served individually, all maintenance and cleaning shall be the
responsibility of the homeowner.
(5) Unit utility connections shall be located in the side or rear of the unit whenever possible
and shall be screened. Unit utility connections in the front of units shall be screened by a
structure that is integrally designed as part of the unit.
(k) Common areas. The following minimum requirements shall be observed in the R-3 district
governing common areas:
(1) Ownership. All common areas within an R-3 development, including, but not limited to,
open space, wetlands, greenways, drainage ponds, driveways, private drives, parking areas,
play areas, etc., shall be owned in one of the following manners:
a. Condominium ownership pursuant to Minn. Stats. ch. 515A, article 2 (Minn. Stats. §
515A.201 et seq.)
b. Townhome subdivision common areas shall be owned pursuant to Minn. Stats. ch.
515B.
(2) Homeowners association. A homeowners' association shall be established for all developments
within the R-3 district which have areas under common ownership, subject to review and
approval of the city attorney, and shall be responsible for all exterior building maintenance,
approval of any exterior architectural modifications, landscaping, snow clearing and regular
maintenance of private driveways and other areas owned in common.
(Code 1982, § 900.12(8); Ord. No. 01-15, § 1, 10-15-2001; Ord. No. 03-16, § 3, 10-20-2003; Ord.
No. 04-13, § 5, 8-27-2004; Ord. No. 05-08, § 1, 4-4-2005; Ord. No. 14-13, § 1, 10-20-2014)
State Law reference— Similar provisions, Minn. Stats. § 462.357, subd. 1b.
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Sec. 30-995. - R-4 district.
(a) Purpose. The R-4 district is intended to create, preserve, and enhance areas for multifamily use
of higher densities in areas served by public sanitary sewers, storm sewers, and municipal water,
with good accessibility to thoroughfares, public community centers, libraries, shopping centers
and employment centers, and where such development fits the growth management plan.
(b) Permitted uses. Permitted uses in the R-4 district are as follows:
(1) Day cares (for 16 or fewer children).
(2) Model homes (in compliance with section 30-800).
(3) Multiple-family dwellings.
(4) Public parks.
(5) Single-family dwellings.
(6) State-licensed residential facilities or housing with services establishments registered
under Minn. Stats. ch. 144D serving six or fewer persons, licensed day care facilities
serving 12 or fewer persons and group family day care facilities licensed under
Minnesota Rules, parts 9502.0315 to 9502.0445, to serve 14 or fewer children, except
that a residential facility whose primary purpose is to treat juveniles who have
violated criminal statutes relating to sex offenses or have been adjudicated
delinquent on the basis of conduct in violation of criminal statutes relating to sex
offenses shall not be a permitted use.
(7) Townhouse dwellings (12 units per structure maximum).
(8) Two-family dwellings.
(1) Single-family dwellings.
(2) Two-family dwellings.
(3) Townhouse dwellings (12 units per structure maximum).
(4) Multiple-family dwellings.
(5) Model homes in compliance with section 30-800.
(6) Licensed day care facilities for 16 or fewer children.
(7) Public parks, playgrounds and open space.
(8) State-licensed residential facilities or housing with services establishments registered under
Minn. Stats. ch. 144D serving six or fewer persons, licensed day care facilities serving 12 or
fewer persons and group family day care facilities licensed under Minnesota Rules, parts
9502.0315 to 9502.0445, to serve 14 or fewer children, except that a residential facility
whose primary purpose is to treat juveniles who have violated criminal statutes relating to
sex offenses or have been adjudicated delinquent on the basis of conduct in violation of
criminal statutes relating to sex offenses shall not be a permitted use.
State Law reference— Similar provisions, Minn. Stats. § 462.357, subd. 7.
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(c) Accessory uses. Accessory uses in the R-4 district are as follows:
(1) Private recreational facilities.
(2) Signs (as permitted in section 30-851 et seq).
(3) Structures, accessory
(1) Public shelters and essential services.
(2) Garages and sheds.
(3) Private recreational facilities.
(4) Signs as permitted in section 30-851 et seq.
(d) Conditional uses. Conditional uses in the R-4 district are as follows:
(1) Boardinghouses.
(2) Day cares (for 17 or more children).
(3) Governmental facilities.
(4) Institutional uses.
(5) Manufactured home parks (as defined in Minn. Stats. § 327.14, subd. 3.).
(6) Ministorage.
(7) Outpatient health care facilities.
(8) Zero lot line development.
(1) Outpatient health care facilities.
(2) Boardinghouses.
(3) Institutional uses.
(4) Licensed day care facilities for 17 or more children.
(5) Governmental offices.
(6) Ministorage.
(7) Zero lot line development.
(8) Manufactured home parks as defined in Minn. Stats. § 327.14, subd. 3.
State Law reference— Similar provisions, Minn. Stats. § 462.357, subd. 1b.
(Code 1982, § 900.12(9); Ord. No. 04-13, § 6, 8-27-2004; Ord. No. 05-08, § 1, 4-4-2005)
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Sec. 30-1022. - C-1 central business district.
(a) Purpose. The C-1 central business district is appropriate for retail, service, and commercial uses
to serve the shopping and service needs of the residents and surrounding community, as
distinguished from highway commercial uses. The central business district is intended to
encourage uses and designs that are consistent with the historic character of the central business
district. Emphasis shall be placed on pedestrian access and design standards with flexibility to
preserve the historic character of the central business district. Uses shall be designed to
eliminate any nuisance or incompatibility with surrounding uses.
(b) Permitted uses. Permitted uses in the C-1 district are as follows:
(1) Bed and breakfasts establishments, non-homeowner-occupied (shall only be
allowed in an existing single family residential structure)
(2) Brewer taprooms, (producing less than 10,000 barrels of malt liquor annually).
(3) Brewpubs.
(4) Business offices.
(5) Day cares.
(6) Financial institutions.
(7) Firearms, sale of.
(8) Funeral homes.
(9) Hotels.
(10) Outpatient health care facilities.
(11) Personal service establishments.
(12) Physical recreation or training.
(13) Public parks.
(14) Restaurants, class I.
(15) Retail sales.
(1) Business and professional offices.
(2) Financial institutions.
(3) Retail stores and shops.
(4) Personal service establishments.
(5) Outpatient health care facilities.
(6) Hotels.
(7) Class I restaurants.
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(8) Public parks.
(9) Sale of firearms.
(10) Bed and breakfasts establishments shall be allowed as a permitted use in an existing
residential structure, subject to site plan review, provided the use complies with the
following criteria:
a. Off street parking shall be provided at a rate of one space per guest room plus those
required for the single-family use. A piggy-backed or tandem parking arrangement is
permitted.
b. Off street parking shall be provided on an existing driveway.
c. Signage shall be limited to one freestanding sign, not to exceed four feet in height and
eight square feet in size, and one wall sign not to exceed four square feet in size. Signs
shall not be illuminated.
d. The exterior appearance of the structure shall not be altered from its single-family
character.
e. The proposal shall comply with all building and fire code requirements.
If the proposed bed and breakfast business does not comply with one or more of the
above criteria, it will require a conditional use permit.
(11) Physical recreation or training.
(12) Brewer taprooms producing less than 10,000 barrels of malt liquor annually.
(13) Brewpubs.
(c) Accessory uses. Accessory uses in the C-1 district are as follows:
(1) Parking lots.
(2) Private recreational facilities.
(3) Signs (as permitted in section 30-851 et seq.).
(1) Signs as permitted in section 30-851 et seq.
(2) Off-street parking facilities.
(3) Off-street loading facilities.
(4) Telephone booths.
(5) Private recreational facilities.
(6) Public shelters and essential services.
(d) Conditional uses. Conditional uses in the C-1 district are as follows:
(1) Apartments (subordinate to the principal use).
(2) Brewer taprooms, (producing less than 10,000 or more barrels of malt liquor
annually).
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(3) Commercial recreational facilities.
(4) Governmental facilities.
(5) Institutional uses.
(6) Kennel, commercial
(7) Liquor establishments, on-sale.
(8) Motor vehicle service stations.
(9) Nonprofit clubs, lodges or halls.
(10) Residential, multiple-family (provided that business/commercial uses occupy the
ground floor below the residential use).
(11) Restaurants, class II.
(12) Saunas, steam baths, and heat-bathing rooms.
(1) Nonprofit clubs, lodges or halls.
(2) Licensed day care facilities.
(3) Institutional uses.
(4) Motor vehicle service stations.
(5) Commercial parking lots and ramps.
(6) Multiple-family dwellings, provided that business/commercial uses occupy the ground
floor below the residential use.
(7) On-sale liquor establishments.
(8) Commercial recreational facility.
(9) Convenience stores.
(10) Funeral parlors.
(11) Class II restaurants.
(12) Governmental buildings and facilities.
(13) Apartments subordinate to the principal use.
(14) Produce markets.
(15) Sauna establishments.
(16) Manufactured home parks as defined in Minn. Stats. § 327.14, subd. 3.
(17) Governmental offices.
(18) Brewer taprooms producing 10,000 or more barrels of malt liquor annually.
(e) Architectural standards. No provision of section 30-938 except subsection 30-938(2) pertaining to
building materials applies to this district.
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(Code 1982, § 900.12(10); Ord. No. 02-04, § 2, 4-15-2002; Ord. No. 05-05, § 3, 3-21-2005; Ord. No.
05-08, § 1, 4-4-2005; Ord. No. 07-07, § 2, 7-16-2007; Ord. No. 09-06, § 3, 7-20-2009; Ord. No. 12-
11, § 2, 7-16-2012; Ord. No. 15-03, § 3, 1-20-2015)
State Law reference— Similar provisions, Minn. Stats. § 462.357, subd. 1.
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Sec. 30-1023. - C-2 office district.
(a) Purpose. The C-2 office district is intended to buffer residential districts from arterial streets or
from commercial districts and to provide a district which is compatible with and may
reasonably adjoin residential districts. The office district provides for the location and
development of offices and other service and light commercial uses which are subject to more
restrictive controls.
(b) Permitted uses. Permitted uses in the C-2 district are as follows:
(1) Bed and breakfast establishments, non-homeowner-occupied.
(2) Business offices.
(3) Day cares.
(4) Financial institutions.
(5) Funeral homes.
(6) Outpatient health care facilities.
(7) Personal service establishments.
(8) Public parks.
(1) Business and professional offices.
(2) Outpatient health care facilities.
(3) Personal service establishments.
(4) Public parks.
(5) Bed and breakfasts establishments shall be allowed as a permitted use, subject to site plan
review, provided the use complies with the following criteria:
a. Off street parking shall be provided at a rate of one space per guest room plus those
required for the single-family use. A piggy-backed or tandem parking arrangement is
permitted.
b. Off street parking shall be provided on an existing driveway.
c. Signage shall be limited to one freestanding sign, not to exceed four feet in height and
eight square feet in size, and one wall sign not to exceed four square feet in size. Signs
shall not be illuminated.
d. The exterior appearance of the structure shall not be altered from its single-family
character.
e. The proposal shall comply with all building and fire code requirements.
If the proposed bed and breakfast business does not comply with one or more of the
above criteria, it will require a conditional use permit.
(c) Accessory uses. Accessory uses in the C-2 district are as follows:
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(1) Parking lots.
(2) Private recreational facilities.
(3) Signs (as permitted in section 30-851 et seq.).
(4) Structures, accessory.
(1) Signs as permitted in section 30-851 et seq.
(2) Off-street parking facilities.
(3) Off-street loading facilities.
(4) Telephone booths.
(5) Private recreational facilities.
(6) Public shelters and essential services.
(d) Conditional uses. Conditional uses in the C-2 district are as follows:
(1) Governmental facilities.
(2) Institutional uses.
(3) Saunas, steam baths, and heat-bathing rooms.
(1) Licensed day care facilities.
(2) Institutional uses.
(3) Single-family dwellings.
(4) Financial institutions.
(5) Funeral parlors.
(6) Boardinghouses.
(7) Governmental buildings and facilities.
(8) Sauna establishments.
(9) Governmental offices.
(10) Accessory structures associated with single-family dwellings.
(e) Architectural standards. No provision of section 30-938 except subsection 30-938(2) pertaining to
building materials applies to this district.
(Code 1982, § 900.12(11); Ord. No. 02-04, § 2, 4-15-2002; Ord. No. 05-05, § 4, 3-21-2005; Ord. No.
05-08, § 1, 4-4-2005; Ord. No. 05-09, § 1, 4-4-2005; Ord. No. 09-06, § 3, 7-20-2009)
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Sec. 30-1024. - C-3 highway commercial district.
(a) Purpose. The purpose of the C-3 highway commercial district is to recognize the need for
commercial establishments on or serving with immediate access to major highways. Permitted
land uses should take advantage of the highway access in a manner which other business
districts are not afforded. In addition to retail and commercial uses, quasi-industrial and
wholesale enterprises that do not meet an industrial setting and have considerable customer
contact are acceptable in the highway commercial district.
(b) Permitted uses. Permitted uses in the C-3 district are as follows:
(1) Brewer taprooms, (producing less than 10,000 barrels of malt liquor annually).
(2) Brewpubs.
(3) Business offices.
(4) Carwash facilities.
(5) Day cares. (In C4)
(6) Dry cleaning establishments. (In C4)
(7) Financial Institutions. (In C4)
(8) Firearms, sale of
(9) Funeral homes. (Included because it is in C4)
(10) Garden centers.
(11) Hotels.
(12) Liquor establishments, on-sale.
(13) Motels.
(14) Motor vehicle service stations. (In C4)
(15) Motor vehicle sales (maintenance and repair prohibited).
(16) Personal service establishments.
(17) Physical recreation and training. (In C4)
(18) Produce markets.
(19) Public parks.
(20) Restaurants, class I (In C4)
(21) Restaurants, class II
(22) Retail sales. (In C4)
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(1) Business and professional offices.
(2) Retail shops and stores.
(3) Personal service establishments.
(4) Nurseries, produce markets, and garden centers, which may include outdoor display.
(5) Convenience stores.
(6) Public parks.
(7) Financial Institutions.
(8) Sale of firearms.
(9) Class I restaurants.
(10) Class II restaurants.
(11) Physical recreation and training.
(12) Brewer taprooms producing less than 10,000 barrels of malt liquor annually.
(13) Brewpubs.
(c) Accessory uses. Accessory uses in the C-3 district are as follows:
(1) Cocktail rooms.
(2) Outdoor display (not to exceed 1% of the lot area)
(3) Parking Lots
(4) Private recreational facilities.
(5) Signs (as permitted in section 30-851 et seq.).
(1) Signs as permitted in section 30-851 et seq.
(2) Off-street parking facilities.
(3) Off-street loading facilities.
(4) Telephone booths.
(5) Private recreational facilities.
(6) Public shelters and essential services.
(7) Cocktail rooms.
(d) Conditional uses. Conditional uses in the C-3 district are as follows:
(1) Brewer taprooms, (producing 10,000 or more barrels of malt liquor annually).
(2) Commercial recreational facilities. (In C4)
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(3) Equipment rentals.
(4) Governmental facilities.
(5) Institutional uses. (In C4)
(6) Liquor establishments, off-sale (municipally owned). (Included because it is in
C4)
(7) Manufacturing, light (enclosed with related retail sales).
(8) Microdistilleries.
(9) Ministorage (provided that the use is on unplatted land outside the urban service
district).
(10) Motor vehicle repair shops.
(11) Motor vehicle specialty service stations.
(12) Pawnshops
(13) Saunas, steam baths, and heat-bathing rooms.
(14) Shopping centers.
(15) Veterinary clinics.
(1) Enclosed light manufacturing with related retail sales.
(2) Car, truck, RV, and marine sales and services.
(3) Nonprofit clubs, lodges, or halls.
(4) Licensed day care facilities.
(5) Institutional uses.
(6) Equipment rental businesses.
(7) Commercial recreational facility.
(8) Reserved.
(9) Shopping centers.
(10) On-sale liquor establishments.
(11) Governmental buildings and facilities.
(12) Veterinary clinics.
(13) Carwashes.
(14) Reserved.
(15) Motor vehicle service stations.
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(16) Motor vehicle specialty shops.
(17) Sauna establishments.
(18) Reserved.
(19) Pawnshops (250-foot setback from any residential zone and 500-foot setback from
schools, parks, day care centers, churches and other pawnshops, measured from the
property line).
(20) Hotels and motels.
(21) Reserved.
(22) Development of property within 50 feet of the wild and scenic river district.
(23) Ministorage, provided that the use is on unplatted land outside the urban service district.
(24) Dry cleaning establishment.
(25) Governmental offices.
(26) Brewer taprooms producing 10,000 or more barrels of malt liquor annually.
(27) Microdistilleries.
(e) Architectural standards. No provision of section 30-938 except subsection 30-938(2) pertaining to
building finish and subsection 30-938(3) pertaining to roofs applies to this district.
(Code 1982, § 900.12(12); Ord. No. 02-04, § 2, 4-15-2002; Ord. No. 05-07, § 2, 4-4-2005; Ord. No.
05-08, § 1, 4-4-2005; Ord. No. 07-07, § 3, 7-16-2007; Ord. No. 09-06, § 3, 7-20-2009; Ord. No. 09-
07, §§ 1, 2, 8-17-2009; Ord. No. 12-11, § 3, 7-16-2012; Ord. No. 14-17, § 1, 11-17-2014; Ord. No.
15-03, § 4, 1-20-2015; Ord. No. 16-16, § 2, 7-18-2016)
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Sec. 30-1025. - C-4 community commercial district.
(a) Purpose. The purpose of the C-4 district is to provide land use opportunities to attract
convenience retail stores and personal service establishments. It is intended that this district
primarily serve surrounding residential neighborhoods and businesses within the immediate
area. Neighborhood commercial districts shall be located adjacent to collector or arterial streets
so that traffic does not impact local streets. In order for development to occur within this
district, public sanitary sewers, storm sewers, and municipal water must be available and hooked
up in order to occupy the particular business.
(b) Permitted uses. Permitted uses in the C-4 district are as follows:
(1) Convenience retail sales of goods and services.
(2) Dry cleaning and laundry establishments.
(3) Personal service and repair establishments, such as barbershops and beauty shops, shoe
repair, etc.
(4) Printing shops and publishing shops.
(5) Class I restaurants.
(6) Physical recreation and training.
(c) Accessory uses. Accessory uses in the C-4 district are as follows:
(1) Uses customarily incidental to the permitted or conditional uses allowed in this district.
(2) Off-street parking areas.
(3) Signs as permitted in section 30-851 et seq.
(d) Conditional uses. Conditional uses in the C-4 district are as follows:
(1) Retail sale of gasoline.
(2) Carwash facilities.
(3) Day care centers.
(4) Educational/institutional uses.
(5) Off-sale liquor stores.
(6) Reserved.
(7) Financial institutions.
(8) Mortuaries and funeral homes.
(9) Commercial recreation facility.
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(e) Architectural standards. Major exterior surfaces of all walls in the C-4 district shall be face brick,
stone, glass, stucco, architecturally treated concrete, or decorative block, or an approved
equivalent material as approved by the director of planning.
(Code 1982, § 900.12(13); Ord. No. 07-07, § 4, 7-16-2007; Ord. No. 09-06, § 3, 7-20-2009; Ord. No.
09-07, §§ 3, 4, 8-17-2009; Ord. No. 12-11, § 4, 7-16-2012)
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Sec. 30-1026. - DD downtown district.
(a) Purpose. As downtown Elk River changes, future preservation as well as any new construction
should reinforce the general character and quality of the existing downtown. The design of new
construction should take into consideration the location of the proposed building(s) as well as
incorporate traditional design elements and techniques that are currently represented in existing
structures.
The intent of the downtown district is to preserve this distinctive character with the appearance
that there are multiple buildings that are distinctly different from one another yet will allow a
uniform mass of building with the appearance of vertical separation. These standards shall be the
framework for any new development and designs shall strive for creative traditional architectural
character, while clearly being an expression of the architecture of its own time.
(b) Permitted uses. The following uses shall be permitted uses in the downtown district, subject to the
design standards set forth in subsections (e) and (f) and the site plan review process set forth in
subsection (g) of this section:
(1) Brewer taprooms (producing less than 10,000 barrels of malt liquor annually).
(2) Brewpubs.
(3) Business offices.
(4) Commercial recreational facilities.
(5) Day cares.
(6) Dry cleaning establishments.
(7) Financial institutions.
(8) Hotels.
(9) Nonprofit clubs, lodges or halls.
(10) Outpatient health care facilities.
(11) Personal service establishments.
(12) Physical recreation and training.
(13) Public parks.
(14) Residential, multiple-family (provided that business/commercial uses at st reet level
occupy the floor).
(15) Restaurants, class I.
(16) Retail sales.
(1) Business and professional offices.
(2) Financial institutions.
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(3) Retail stores and shops.
(4) Personal service establishments.
(5) Outpatient health care facilities.
(6) Multiple-family dwellings provided that business/commercial uses at street level occupy
the floor.
(7) Hotels.
(8) Restaurants, (Class I).
(9) Public parks.
(10) Physical recreation and training.
(11) Brewer taprooms producing less than 10,000 barrels of malt liquor annually.
(12) Brewpubs.
(c) Accessory uses. Accessory uses in the downtown district are as follows:
(1) Firearms, sale of.
(2) Parking lots.
(3) Private recreational facilities.
(4) Signs (as permitted in section 30-851 et seq.).
(1) Off-street parking facilities. Maybe?
(2) Off-street loading facilities. Maybe?
(3) Telephone booths.
(4) Private recreational facilities.
(5) Public shelters and essential services.
(6) Sale of firearms.
(7) Signs as permitted in section 30-851 et seq.
(d) Conditional uses. The following uses shall be conditional uses in the downtown district, subject to
the design standards set forth in subsections (e) and (f) and the procedures and standards for
the approval of conditional use permits set forth in sections 30-651 through 30-659 of this
chapter:
(1) Brewer taprooms, (producing 10,000 or more barrels of malt liquor annually).
(2) Funeral homes.
(3) Governmental facilities.
(4) Liquor establishments, on-sale.
(5) Produce markets.
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(6) Saunas, steam baths, and heat-bathing rooms.
(1) Nonprofit clubs, lodges or halls.
(2) Licensed day care facilities.
(3) Institutional uses.
(4) Commercial and residential parking lots and ramps.
(5) Multiple-family dwellings without commercial on first floor.
(6) On-sale liquor establishments.
(7) Commercial recreational facility, accessory to permitted or conditional principle use.
(8) Convenience store.
(9) Funeral parlor.
(10) Single-family dwellings.
(11) Restaurants, (Class II).
(12) Governmental buildings and facilities.
(13) Produce markets.
(14) Sauna establishments.
(15) Dry cleaning establishment.
(16) Governmental offices.
(17) Brewer taprooms producing 10,000 or more barrels of malt liquor annually.
Below are the design guidelines for the DD. Do we want to maintain these or look at
amending them?
(e) Exterior building finishes. New development within the downtown district shall utilize the exterior
building materials set forth in this section.
(1) Primary facades.
a. The following are acceptable building materials for primary facades:
1. Modular brick—Jumbo brick shall not be allowed.
2. Cut stone such as granite, marble and limestone.
3. Architectural stone.
4. Acid etched architectural precast concrete panels.
5. Architectural metal, not to exceed 25 percent of the unit area.
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b. The following are acceptable accent materials for primary facades:
1. EIFS, stucco and other cementitious coating.
2. Wood (in the storefront area, bay windows, cupola's and/or corner bays only).
3. Integrally colored split face (rock face) concrete masonry units (CMU) that have a
dimensional characteristic of brick (not to exceed 16 inches in length nor four
inches in height).
4. Integrally colored burnished block.
5. Ceramic, porcelain, hand crafted or fired tile.
6. Treated brick (such as glazed, dyed or painted).
7. Architectural precast concrete.
8. Fiber cement siding/trim (in the storefront area, bay windows, cupola's and/or
corner bays only).
c. Accent material are required on both primary and secondary facades and shall comply
with the following requirements:
1. Ten to 20 percent of the total unit area (unit width x downtown building height)
shall be of an material, different than that of the main body of material.
2. Accent materials shall not be concentrated in any one location.
(2) Secondary facades.
a. The following are acceptable building materials for secondary facades:
1. Brick.
2. Stucco, EIFS and other cementitious coating.
3. Integrally colored split face (rock face), burnished or glazed CMU (excluding plain
or painted).
4. Any material that is acceptable for primary facades.
(f) Architectural standards and guidelines. It is the intent of the city to promote and encourage high
standards of creative, traditionally based, architectural design in the downtown district.
Therefore, new development within the downtown district shall comply with the following
design standards and guidelines. The restoration, remodeling and/or expansion of existing
buildings shall, to the maximum extent possible, bring exterior facades back to the appearance
they had when they were originally constructed, or maintain a similar architectural style to the
original construction, or comply to the extent possible with these design standards and
guidelines.
(1) The building.
Standards:
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a. The building shall not be setback more than six feet from a front property line. Side
yards shall maintain a zero lot line setback.
b. Unit widths directly facing Main Street and Jackson Avenue shall be between 20 and
30 feet and may be increased to 90 feet on corner units. Unit widths shall be clearly
defined.
c. Building height shall be at least two stories but not less than 24 feet and shall not
exceed four stories or 45 feet. However, at least 25 percent of a development areas
facade, above the third story, must be stepped back at least ten feet from the overall
facade surface.
d. A primary facade's color/shade/hue shall be different than adjacent units.
e. A stringcourse, located at the second floor line, shall be provided to separate the lower
facade and the upper facade.
f. A stringcourse is not required for residential units that have direct access to the street
(i.e. row house type unit).
g. Heating, ventilation and air conditioning (HVAC) grilles/screens shall be painted the
same color as surrounding material.
h. Utility connections shall be screened with a material that is the same as the primary
facade material.
Guidelines:
a. The setback of buildings at the intersection of two streets will be subject to review for
adequate pedestrian and vehicular visibility.
b. All unit widths are encouraged to be proportioned to those on Main Street and
Jackson.
c. Unit widths adjacent to one another are encouraged to vary by at least 48 inches in
width.
d. Primary facade building elevations parallel to the street are favored.
(2) Storefront.
Standards:
a. Shall be 50 to 70 percent glazing and not extend to the unit edges.
b. Lower facade architectural detail elements, such as pediments, shall not extend above
the bottom of the stringcourse line.
c. Medallions on a given unit shall not be the same medallions on the two adjacent units
to each side.
d. Storefront treatments shall not extend across multiple units in attempts to unify them
into a single unit.
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Guidelines:
a. No more than two medallions are recommended in the lower facade.
b. Maintain a regular pattern or rhythm with other facades along the street.
c. Masonry columns, piers and/or pilasters are encouraged and should compliment
and/or match the material used on the upper facade to help define the storefront
patterns and rhythms.
(3) Kickplates.
Standards:
a. Shall be 18 to 24 inches in height.
b. Excluding wood shakes, kickplates may be of an acceptable accent building material.
c. Color shall be neutral, blend and compliment with the major building materials.
(4) Display area.
Standards:
a. Sills shall be directly above the top of the kickplate.
b. Mirrored glass shall not be allowed.
c. Wood and/or metal framing shall be finished a color to coordinate with the building's
overall color scheme.
(5) Transom area.
Standards:
a. Shall be the same as the primary facade building material.
b. The transom area, if it has no awnings, shall have at least 40 to 50 percent of the area
devoted to a change in material pattern that is unique, but similar to adjacent units.
c. Glass block and/or stained glass will be allowed. Mirrored glass shall not be allowed.
Guidelines:
a. Transoms may be illuminated from the inside.
b. Incorporation of signage into the transom area is a desirable element.
(6) Entrances.
Guidelines:
a. Entrance doors should have a minimum 45 percent glass, unless it is the entrance door
to a residential unit at street level (i.e. a row house type unit).
b. Framing materials should be the same as the overall storefront design.
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c. Entrance should reflect the character and scale of space it accesses.
(7) Upper facade.
Standards:
a. An articulated cornice at least 24 inches in height shall be required for each building
unit width. Cornice detailing shall be achieved through, but not limited to, corbelling,
varied ornamental moldings and reliefs.
b. The same cornice detail shall not be the same as the two adjacent units to each side.
c. Cornice design shall be integrated as an overall part of the design and shall be of a
primary facade building material or architectural precast concrete.
d. Medallions on a given unit shall not be the same medallions on the two adjacent units
to each side.
e. The parapet panel, if greater in height than four feet, shall have at least 35 to 40
percent of the area devoted to a change in material pattern or as a relief from the main
facade.
f. Upper facade treatments shall not extend across multiple units in attempts to unify
them into a single unit.
Guidelines:
a. The cornice projection should be proportionate to the scale of the building and to the
detail of the cornice.
b. Cornice heights are encouraged to vary in height from unit to unit by at least 24
inches.
c. No more than four medallions are recommended in the upper facade.
(8) Upper floor windows.
Standards:
a. A minimum of three windows or grouping of windows per floor per unit width shall
be provided in the upper facade.
b. Only single-hung, double-hung, casement and fixed windows shall be allowed.
c. Window widths in the upper primary facade shall not be greater than 36 inches.
d. The grouping of windows shall not exceed nine feet in width.
e. Windowsills are required on all widows and shall be articulated with an acceptable
primary facade building material or architectural precast concrete.
f. Mirrored glass shall not be allowed.
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g. Wood and/or metal framing shall be finished in a color to coordinate with the
building's overall color scheme.
h. Window air conditioners shall not be allowed in primary facades.
i. Balconies on primary facades (excluding facades that face the river) shall not be deeper
than 24 inches.
j. Lintels shall be of an acceptable primary facade building material or architectural
precast concrete.
k. Design and detail of bay, bowed and/or boxed windows shall be different from unit to
unit.
Guidelines:
a. On primary upper facades, the sum of window widths per floor should equal 40 to 45
percent of the total unit width.
b. Upper facade windows are encouraged to align directly above one another from floor
to floor.
c. All upper primary facade windowsills, on a given floor in a given unit, are prefe rred to
be at the same height.
(9) Awnings.
Standards:
a. Awnings shall be of a weather treated canvas/fabric material in either a solid or
vertical striped pattern.
b. Awnings may be either fixed or operable.
c. Awnings, if desired, shall be placed at a minimum over all storefront windows of a
unit width.
d. Awnings for upper facade windows shall be individual to each opening.
e. With the exception of dome awnings, the end of awnings shall project out
perpendicular from building.
f. Awnings shall not extend to the unit edges.
g. The same style and color of awning shall not extend beyond one unit width.
h. The bottom of the fringe shall not be lower than seven feet four inches or higher than
eight feet from the sidewalk.
i. Lower facade awnings shall not extend above the bottom of the stringcourse line.
j. No signage shall be placed on the ends of the awing.
k. If signage is to be located on an awning field, it shall not exceed 25 percent of total
field area in the lower facade and be limited to only one awning per unit.
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l. Lettering, not to exceed four inches in height, shall be allowed on the awning fringe.
Guidelines:
a. Awnings for upper facade windows are encouraged to be the same style and color as
the awnings, if present, in the lower facade.
b. Awning colors should be muted, and should coordinate with building facade color
scheme, adjoining buildings and the streetscape.
c. Simple pitched awning profiles are preferred and box awnings (enclosed from below)
are discouraged.
d. All awnings should be designed to fit the opening that is intended to cover.
e. Canopies are discouraged and will be subject to review for appropriate scale and
proportion.
f. Awnings should extend between a distance of three to four feet from face of building.
(10) Lighting.
Standards:
a. Fixtures that are not allowed in the downtown district are: visible fluorescent bulbs,
colored bulbs (except for temporary seasonal decoration), internally illuminated
awnings, strobe lights and flashing elements.
Guidelines:
a. Historically accurate fixtures and appropriately scaled contemporary fixtures, such as
but not limited to, gooseneck, wall mounted lantern and shielded fluorescents are
preferred.
b. Exposed or painted metal finishes are most appropriate for lighting fixtures in the
downtown. Fixture color(s) should be muted, and should coordinate with facade and
signage color scheme.
c. Lighting at building facades should serve only to illuminate entries, adjacent pedestrian
areas and displays, or to highlight significant architectural features.
d. Lighting may be placed at doorways, below awnings, in display windows and as needed
to illuminate signage or architectural features.
(11) Fences and railings.
Standards:
a. Fencing shall be metal and finished in a dark, solid color.
b. Railings located in the lower facade shall be metal and finished in a dark, solid color.
c. Fences used to screen parking areas shall be within a height range of four feet—zero
inches and six feet—zero inches.
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d. Plain or painted concrete masonry units shall not be allowed for fences, walls or
enclosures.
e. Chain link fencing shall not be allowed.
Guidelines:
a. Masonry walls, in conjunction with a wrought iron fence, should be installed to no
more than two feet above public side walk.
b. Balconies and/or patios should utilize decorative metal railings which coordinate with
the design and color scheme of the building.
(12) Enclosures.
Standards:
a. Dumpsters shall be within enclosures constructed of the same material and colors as
those used in the building.
b. Enclosures must be at least six feet in height and provide full screening of equipment
and dumpsters.
(13) Parking.
Standards:
a. Parking shall be provided underground, behind a building, within a building, or within
a parking structure.
b. Residential parking shall be at a rate of 1.25 stalls per unit.
c. Off street parking shall be shielded from view of major streets using dense
landscaping, open fencing with landscaping, and/or a masonry wall with open fencing.
(g) Process.
(1) Site plan review of permitted uses. Proposals for the construction of new buildings and
structures, and the restoration, remodeling or expansion of existing buildings and
structures, within the downtown district shall be reviewed by the director of planning, or
their designee, to determine if they meet the standards set forth in subsections (e) and (f).
No building permit shall be issued until this review process has been completed.
(2) Application. Applications for site plan review within the downtown district shall be filed
with the director of planning, or their designee, on a form prescribed by the city and shall
be accompanied by such plans and information as may be required by the city, including
building elevations which specify exterior building materials and provide sufficient design
detail to evaluate compliance with subsections (e) and (f).
(3) Review. The director of planning, or their designee, shall have 15 days from the date a
completed application for site plan review is accepted by the city to determine if the
proposed building materials and design meet the requirements of subsections (e) and (f),
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and to approve or deny site approval. If the director of planning, or their designee, denies
site plan approval, the denial shall be accompanied by a written statement setting forth how
the proposal does not comply with the design standards of subsections (e) and (f).
(4) Appeal. If the director of planning, or their designee, denies site plan approval, the applicant
may appeal this denial pursuant to the requirements and procedures set forth in section 30-
634 of this chapter.
(Ord. No. 03-13, § 2, 8-18-2003; Ord. No. 05-07, § 3, 4-4-2005; Ord. No. 05-08, § 1, 4-4-2005; ;
Ord. No. 09-05, § 1, 6-15-2009; Ord. No. 09-06, § 3, 7-20-2009; Ord. No. 12-11, § 5, 7-16-2012;
Ord. No. 15-03, § 5, 1-20-2015)
Comment [LC1]: Remove this? Our schedule
and appeal process is spelled out elsewhere.
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Downtown District regulations
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Sec. 30-1292. - I-1 light industrial district.
(a) Purpose. The I-1 district shall serve as a transition between more industrial uses and residential
and other business uses. This district is appropriate for manufacturing, warehousing, and similar
industrial uses because of access to warehousing, thoroughfares, the full complement of urban
services such as sewer and water, and distance from residential districts. These areas are
intended to encourage the development of industrial uses which are clean, quiet, and free of
hazardous or objectionable elements such as noise, odor, dust, smoke, glare, or other pollutants.
These industries shall be compatible with each other and with surrounding land uses.
(b) Permitted uses. Permitted uses in the I-1 district are as follows:
(1) Business offices.
(2) Manufacturing, light.
(3) Research and development facilities.
(4) Warehouse spaces.
(5) Wholesale businesses.
(1) Offices.
(2) Warehouses.
(3) Research/design facilities.
(4) Wholesale businesses.
(5) Medical, dental, and optical labs.
(6) Light manufacturing.
(7) Water/sewage treatment, municipality owned and operated, and provided written notice
must be sent to all property owners within 350 feet.
(c) Accessory uses. Accessory uses in the I-1 district are as follows:
(1) Cocktail rooms.
(2) Parking lots.
(3) Retail sales.
a. The retail sales activity is not located in an administrative office facility, but is
located within a business, the principal use of which is not commercial sales.
b. The retail sales activity does not occupy more than 15 percent of the gross
floor area of the occupied quarters.
c. The retail sales activity is accessory to the principal use.
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d. No sign identifying the retail sales is visible from the outside of the building.
(4) Signs (as permitted in section 30-851 et seq.)
(1) Retail sales, provided:
a. The retail sales activity is not located in an administrative office facility, but is located
within a business, the principal use of which is not commercial sales.
b. The retail sales activity does not occupy more than 15 percent of the gross floor area
of the occupied quarters.
c. The retail sales activity is accessory to the principal use.
d. No sign identifying the retail sales is visible from the outside of the building.
(2) Signs as permitted in section 30-851 et seq.
(3) Cocktail rooms.
(d) Conditional uses. Conditional uses in the I-1 district are as follows:
(1) Brewer taprooms.
(2) Bus storage. Not to exceed ten buses, unless the property has direct access to an
arterial or collector street.
(3) Dry cleaning establishments.
(4) Government facilities.
(5) Kennels, commercial (indoor only).
(6) Microbreweries.
(7) Motor vehicle, trailer, and/or equipment sales.
(8) Outdoor storage (accessory to principal use).
(9) Recycling processing centers.
(10) Residential, single-family accessory to principal uses, provided that:
a. The nature of the principal use of the property makes it necessary or highly
desirable from both the property owner's and the city's perspective to have a 24-
hour-a-day caretaker or security person reside on the property.
b. The proposed dwelling unit is designed for and will be used exclusively by
caretakers or security personnel responsible for the security of the property and the
principal use thereof.
c. The proposed building unit will be occupied by no more than two persons,
neither of whom may be under 18 years of age.
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Page 3
d. There will be only one dwelling unit per lot or, if one principal use is located
on several adjoining lots, per principal use.
e. The proposed dwelling unit will not exceed 800 square feet in size and will be
located within a building serving the principal use of the property which is no less
than 10,000 square feet in size.
f. The principal use of the property is not of such a nature that it would be
dangerous or hazardous to residents of the proposed dwelling unit.
g. The proposed dwelling unit meets all other requirements of this Code and
Minnesota Uniform Building Code for occupancy as a dwelling unit by a single
family. The city council may, if it finds it necessary to do so for the protection of
the health, safety and welfare of persons who may occupy the proposed dwelling
unit, impose additional reasonable requirements or conditions on the construction
and use of the dwelling unit.
h. The conditional use allowing such a dwelling unit in an industrial zone is
deemed to be unique to the principal use of the property and the ownership of the
property and the principal use. Any conditional use permits granted under this
section shall therefore automatically expire if the principal use of the property
changes or the ownership of either the property or the principal use of the property
changes.
(1) Outdoor storage area accessory to principal use.
(2) Single-family residential dwelling units accessory to principal uses, provided that:
a. The nature of the principal use of the property makes it necessary or highly desirable
from both the property owner's and the city's perspective to have a 24-hour-a-day
caretaker or security person reside on the property.
b. The proposed dwelling unit is designed for and will be used exclusively by caretakers
or security personnel responsible for the security of the property and the principal use
thereof.
c. The proposed building unit will be occupied by no more than two persons, neither of
whom may be under 18 years of age.
d. There will be only one dwelling unit per lot or, if one principal use is located on
several adjoining lots, per principal use.
e. The proposed dwelling unit will not exceed 800 square feet in size and will be located
within a building serving the principal use of the property which is no less than 10,000
square feet in size.
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f. The principal use of the property is not of such a nature that it would be dangerous or
hazardous to residents of the proposed dwelling unit.
g. The proposed dwelling unit meets all other requirements of this Code and Minnesota
Uniform Building Code for occupancy as a dwelling unit by a single family. The city
council may, if it finds it necessary to do so for the protection of the health, safety and
welfare of persons who may occupy the proposed dwelling unit, impose additional
reasonable requirements or conditions on the construction and use of the dwelling
unit.
h. The conditional use allowing such a dwelling unit in an industrial zone is deemed to be
unique to the principal use of the property and the ownership of the property and the
principal use. Any conditional use permits granted under this section shall therefore
automatically expire if the principal use of the property changes or the ownership of
either the property or the principal use of the property changes.
(3) Recycling processing centers.
(4) Bottling and distribution.
(5) Government buildings and facilities.
(6) Broadcasting studios and facilities.
(7) Truck and implement sales.
(8) Commercial kennels (indoor).
(9) Bus storage. Not to exceed ten buses, unless the property has direct access to an arterial or
collector street.
(10) Dry cleaning establishment.
(11) Governmental offices.
(12) Commercial recreation facility.
(13) Microbreweries.
(14) Brewer taprooms.
(15) Microdistilleries.
(e) Architectural standards. No provision of section 30-938 except subsection 30-938(2) pertaining to
building finish and subsection 30-938(3) pertaining to roofs applies to this district.
(Code 1982, § 900.12(14); Ord. No. 04-003, § 1, 1-20-2004; Ord. No. 05-03, § 1, 1-18-2005; Ord.
No. 05-07, § 4, 4-4-2005; Ord. No. 05-08, § 1, 4-4-2005; Ord. No. 07-07, § 5, 7-16-2007; Ord. No.
08-03, §§ 1, 2, 2-19-2008; Ord. No. 09-06, § 3, 7-20-2009; Ord. No. 10-12, § 1, 8-2-2010; Ord. No.
12-11, § 7, 7-16-2012; Ord. No. 15-03, § 6, 1-20-2015; Ord. No. 16-16, § 3, 7-18-2016)
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Sec. 30-1293. - I-2 medium industrial district.
(a) Purpose. The I-2 district is intended to accommodate more intense manufacturing and
processing than would be allowed in the I-1 district. Proposed uses would include
manufacturing, production, warehousing with heavy truck traffic and other uses which may
generate nominal off-site impacts.
(b) Permitted uses. Permitted uses in the I-2 district are as follows:
(1) All uses allowed as a permitted use in the I-1 zone.
(2) Bottling and distribution facilities.
(3) Business offices.
(4) Dry cleaning establishments.
(5) Manufacturing, light.
(6) Microbreweries.
(7) Motor vehicle repair shops.
(8) Research and development facilities.
(9) Warehouse spaces.
(10) Wholesale businesses.
(1) Offices.
(2) Wholesale businesses.
(3) Light manufacturing.
(4) Warehouses.
(5) Auto repair shops.
(6) Bottling and distribution.
(7) Research and design facilities.
(8) Medical, dental and optical labs.
(9) All uses allowed as a permitted use in the I-1 zone.
(10) Dry cleaning establishment.
(11) Microbreweries.
(c) Accessory uses. Accessory uses in the I-2 district are as follows:
(1) Cocktail rooms.
(2) Parking lots.
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(3) Signs, excluding advertising signs (as permitted in section 30-851 et seq.)
(4) Structures, accessory.
(1) Accessory structures.
(2) Signs as permitted in section 30-851 et seq.
(3) Cocktail rooms.
(d) Conditional uses. Conditional uses in the I-2 district are as follows:
(1) All uses allowed as a conditional use in the I -1 zone.
(2) Animal and poultry processing.
(3) Brewer taprooms.
(4) Bus, motor vehicle, and implement storage, maintenance and repair.
(5) Concrete/asphalt products and processing.
(6) Foundry, casting, or forging metals.
(7) Government facilities.
(8) Manufacturing, heavy.
(9) Meat or fish packing.
(10) Railyards.
(11) Signs, advertising (in accordance with section 30-875.)
(12) Truck terminals.
(1) Concrete/asphalt products and processing.
(2) Foundry, casting, or forging metals.
(3) Manufacturing, heavy.
(4) Animal and poultry processing.
(5) Freight and rail yards.
(6) Truck terminals.
(7) Meat or fish packing.
(8) Bus, truck and implement storage, maintenance and repair.
(9) Temporary structures.???
(10) Government buildings and facilities.
(11) All uses allowed as a conditional use in the I-1 zone.
(12) Governmental offices.
Comment [LC1]: Manufacturing, light? Use new
definition?
Comment [LC2]: Manufacturing, heavy?
Comment [LC3]: Manufacturing, heavy?
Comment [LC4]: Manufacturing, light? Use new
definition?
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(13) Advertising signs (billboards) in accordance with section 30-875.
(14) Brewer taprooms.
(e) Architectural standards. No provisions of section 30-938 except subsection 30-938(2) pertaining
to exterior building finish and subsection 30-938(3) pertaining to roofing standards applies to
this district.
(Code 1982, § 900.12(15); Ord. No. 05-08, § 1, 4-4-2005; Ord. No. 07-16, § 2, 11-19-2007; Ord. No.
09-06, § 3, 7-20-2009; Ord. No. 10-12, § 2, 8-2-2010; Ord. No. 14-04, § 2, 3-17-2014; Ord. No. 15-
03, § 7, 1-20-2015; Ord. No. 16-16, § 4, 7-18-2016)
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Sec. 30-12951294. - I-3 general industrial district.
(a) Purpose. The I-3 district shall serve as a general industrial zone to provide area for industrial
development not requiring municipal water and sewer. This district is appropriate for
manufacturing, warehousing, and similar industrial uses because of access to warehousing.
These areas are intended to encourage the development of industrial uses which are clean, quiet,
and free of hazardous or objectionable elements such as noise, odor, dust, smoke, glare, or
other pollutants. These industries shall be compatible with each other and with surrounding
land uses.
(b) Permitted uses. Permitted uses in the I-3 district are as follows:
(1) Bottling and distribution
(2) Business offices.
(3) Manufacturing, light.
(4) Motor vehicle repair shops.
(5) Research and development facilities.
(6) Warehouse spaces.
(7) Wholesale businesses.
(1) Offices.
(2) Wholesale businesses.
(3) Light manufacturing.
(4) Warehouses.
(5) Auto repair shops.
(6) Bottling and distribution.
(7) Research and design facilities.
(8) Medical, dental and optical labs.
(9) Dry cleaning establishment.
(c) Accessory uses. Accessory uses in the I-3 district are as follows:
(1) Parking lots.
(2) Retail sales, provided:
a. The retail sales activity is not located in an administrative office facility, but is
located within a business, the principal use of which is not commercial sales.
b. The retail sales activity does not occupy more than 15 percent of the gross floor
area of the occupied quarters.
c. The retail sales activity is accessory to the principal use.
d. No sign identifying the retail sales is visible from the outside of the building.
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(3) Signs (as permitted in section 30-851 et seq.).
(4) Structures, accessory.
(1) Retail sales, provided:
a. The retail sales activity is not located in an administrative office facility, but is located
within a business, the principal use of which is not commercial sales.
b. The retail sales activity does not occupy more than 15 percent of the gross floor area
of the occupied quarters.
c. The retail sales activity is accessory to the principal use.
d. No sign identifying the retail sales is visible from the outside of the building.
(2) Signs as permitted in section 30-851 et seq.
(3) Accessory structures.
(d) Conditional uses. Conditional uses in the I-3 district are as follows:
(1) Animal and poultry processing.
(2) Bus, motor vehicle, and implement storage, maintenance and repair.
(3) Chemical storage/bulk storage of fuel, e.g., petroleum.
(4) Concrete/asphalt products and processing.
(5) Foundry, casting, or forging metals.
(6) Government facilities.
(7) Grain and feed elevators and mills.
(8) Manufacturing, heavy.
(9) Meat or fish packing.
(10) Ministorage.
(11) Outdoor storage (accessory to principal use).
(12) Railyards.
(13) Recycling processing centers.
(14) Salvage yards.
(15) Sexually-oriented land uses.
(16) Single-family residential dwelling units accessory to principal uses, provided that:
a. The nature of the principal use of the property makes it necessary or highly
desirable from both the property owner's and the city's perspective to have a
24-hour-a-day caretaker or security person reside on the property.
b. The proposed dwelling unit is designed for and will be used exclusively by
caretakers or security personnel responsible for the security of the property
and the principal use thereof.
c. The proposed dwelling unit will be occupied by no more than two persons,
neither of whom may be under 18 y ears of age.
Comment [LC1]: Manufacturing, light? Use new
definition?
Comment [LC2]: Heavy manufacturing?
Comment [LC3]: Heavy manufacturing?
Comment [LC4]: Manufacturing, light? Use new
definition?
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d. There shall be only one dwelling unit per lot or, if one principal use is
located on several adjoining lots, per principal use.
e. The proposed dwelling unit will not exceed 800 square feet in size and will
be located within a building serving th e principal use of the property which
is no less than 10,000 square feet in size.
f. The principal use of the property is not of such a nature that it would be
dangerous or hazardous to residents of the proposed dwelling unit.
g. The proposed dwelling unit meets all other requirements of this Code and
the Minnesota Uniform Building Code for occupancy as a dwelling unit by a
single family. The city council may, if it finds it necessary to do so for the
protection of the health, safety and welfare of persons who ma y occupy the
proposed dwelling unit, impose additional reasonable requirements or
conditions on the construction and use of the dwelling unit.
h. The conditional use allowing such a dwelling unit in an industrial zone is
deemed to be unique to the principal u se of the property and the ownership
of the property and the principal use. Any conditional use permits granted
under this section shall therefore automatically expire if the principal use of
the property changes or the ownership of either the property or the principal
use of the property changes.
(17) Truck terminals.
(1) Animal and poultry processing.
(2) Bus, truck and implement storage, maintenance and repair.
(3) Chemical storage/bulk storage of fuel, e.g., petroleum.
(4) Concrete/asphalt products and processing.
(5) Foundry, casting, or forging metals.
(6) Freight and rail yards.
(7) Government buildings and facilities.
(8) Governmental offices.
(9) Grain and feed elevators and mills.
(10) Junkyards, auto wrecking and storage, and salvage yards.
(11) Manufacturing, heavy.
(12) Meat or fish packing.
(13) Ministorage.
(14) Outdoor storage area accessory to principal use.
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(15) Recycling processing centers.
(16) Single-family residential dwelling units accessory to principal uses, provided that:
a. The nature of the principal use of the property makes it necessary or highly desirable
from both the property owner's and the city's perspective to have a 24-hour-a-day
caretaker or security person reside on the property.
b. The proposed dwelling unit is designed for and will be used exclusively by caretakers
or security personnel responsible for the security of the property and the principal use
thereof.
c. The proposed dwelling unit will be occupied by no more than two persons, neither of
whom may be under 18 years of age.
d. There shall be only one dwelling unit per lot or, if one principal use is located on
several adjoining lots, per principal use.
e. The proposed dwelling unit will not exceed 800 square feet in size and will be located
within a building serving the principal use of the property which is no less than 10,000
square feet in size.
f. The principal use of the property is not of such a nature that it would be dangerous or
hazardous to residents of the proposed dwelling unit.
g. The proposed dwelling unit meets all other requirements of this Code and the
Minnesota Uniform Building Code for occupancy as a dwelling unit by a single family.
The city council may, if it finds it necessary to do so for the protection of the health,
safety and welfare of persons who may occupy the proposed dwelling unit, impose
additional reasonable requirements or conditions on the construction and use of the
dwelling unit.
h. The conditional use allowing such a dwelling unit in an industrial zone is deemed to
be unique to the principal use of the property and the ownership of the property and
the principal use. Any conditional use permits granted under this section shall
therefore automatically expire if the principal use of the property changes or the
ownership of either the property or the principal use of the property changes.
(17) Sexually-oriented land uses.
(18) Temporary structures.
(19) Truck terminals.
(20) Commercial recreation facility.
(e) Architectural standards. No provision of section 30-938 except subsection 30-938(2) pertaining to
building finish and subsection 30-938(3) pertaining to roofs applies to this district.
(Ord. No. 10-12, § 3, 8-2-2010; Ord. No. 12-11, § 8, 7-16-2012)
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Editor's note— Section 3 of Ord. No. 10-12, adopted Aug. 2, 2010, set out a provision designated
as § 30-1299. For stylistic purposes and at the discretion of the editor, this provision has been
redesignated as § 30-1295.
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Sec. 30-12951294. - BP business park district.
(a) Purpose.
(1) The business park district is established to encourage a planned, integrated environment
for certain industrial, office, and commercial uses, which are compatible with and
complement each other as well as the surrounding land uses. The underlying land use
designation within the district may vary and may be either light industrial or highway
business. Development within the business park district will correspond with the land use
designation. Industrial and office uses are allowed where the land use designation is light
industrial, and commercial uses are allowed where the land use designation is highway
business.
(2) It is the intent of this section that development reflect common themes using compatible
architectural design and consistency in signage, landscaping, and lighting. It is also the
intent to encourage businesses, which generate a high number of jobs pe r square foot
rather than predominantly warehouse type uses.
(b) Permitted uses. Permitted uses in the BP district are as follows:
(1) Business offices.
(2) Mail order operations.
(3) Manufacturing, light.
(4) Research and development facilities.
(5) Sherburne County Fair.
(6) Office/Showroom spaces.
(7) Warehouse spaces (not exceeding 50 percent of the entire building).
(1) Permitted uses allowed are as follows:
a. Light manufacturing.
b. Research and development laboratories.
c. Business and professional offices.
d. Mail order operations.
e. Telecommunication operations.
f. Sherburne County fair.
g. Warehouse space not exceeding 50 percent of the entire building.
h. Showroom space.
i. Repair and maintenance, excluding auto repair.
(c) Accessory uses. Accessory uses in the BP district are as follows:
(1) Cocktail rooms.
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(2) Massage, therapeutic establishments (when offered within the confines of a
medical or chiropractic clinic).
(3) Parking lots.
(4) Private recreational facilities.
(5) Retail sales, provided the following conditions are met:
a. The retail sales activity shall not be located in an administrative office
facility, but shall be located within a business, the principal use of which is
not commercial sales.
b. The retail sales activity shall not occupy more than 15 percent of the gross
floor area, or a maximum of 5,000 square feet of the occupied quarters,
whichever is less.
c. The retail sales activity shall be related and subordinate to the principal
use.
d. No sign identifying or promoting that retail sales occur within the building
shall be visible from outside the building.
e. Freestanding retail shops and stores shall be limited to those which
complement other uses within the business park and provide a service to
those other businesses, and shall not exceed 20,000 square feet in size.
f. Retail/wholesale sales incidental to products manufactured, assembled, or
warehoused on the premises may be permitted as an accessory use
provided no more than ten percent of the building is used for
retail/wholesale sales.
(6) Signs (as permitted in section 30-851 et seq).
(7) Structures, accessory (provided the materials are the same as those of the existing
principal structure).
(1) Off-street parking lots or facilities.
(2) Private recreational facilities.
(3) Public shelters and essential services.
(4) Retail sales, provided the following conditions are met:
a. The retail sales activity shall not be located in an administrative office facility, but shall
be located within a business, the principal use of which is not commercial sales.
b. The retail sales activity shall not occupy more than 15 percent of the gross floor area,
or a maximum of 5,000 square feet of the occupied quarters, whichever is less.
c. The retail sales activity shall be related and subordinate to the principal use.
d. No sign identifying or promoting that retail sales occur within the building shall be
visible from outside the building.
e. Freestanding retail shops and stores shall be limited to those which complement other
uses within the business park and provide a service to those other businesses, and shall
not exceed 20,000 square feet in size.
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f. Retail/wholesale sales incidental to products manufactured, assembled, or warehoused
on the premises may be permitted as an accessory use provided no more than ten
percent of the building is used for retail/wholesale sales.
(5) Therapeutic massage when offered within the confines of a medical or chiropractic clinic.
(6) Signs as permitted in section 30-851 et seq.
(7) Cocktail rooms.
(d) Conditional uses. Conditional uses in the BP district are as follows:
(1) Brewer taprooms.
(2) Government facilities.
(3) Loading areas/overhead doors when located in front yards.
(4) Microbreweries.
(5) Microdistilleries.
(6) Motor vehicle repair shops, provided that they meet the following conditions:
a. All repair services shall be conducted inside the building.
b. Merchandise shall be stored inside the building.
c. All damaged vehicles stored on the premises shall be stored within an area
which is screened by a six-foot high 100 percent opaque fence constructed of
factory finished metal or vinyl material.
d. The building shall comply with the material requirements of this section, and
30 percent of any building face and all overhead doors facing any public street
shall be constructed of glass material.
e. No sales or display of merchandise outside the building.
f. The building shall be a minimum of 15,000 square feet.
(7) Outdoor storage, provided the storage area:
a. Is accessory to a principal permitted or conditional use; and
b. Complies with the accessory structure setback requirement applicable to the
property; and
c. Is no larger than 30 percent of the building area; and
d. Includes screening so as to provide a visual barrier. Any such barrier shall
reduce visibility in a manner that restricts vision of the object being screened, but
is not required to totally block the vision of any such object.
1. Screening shall consist of two or more of the following:
i. A compact evergreen or deciduous hedge or evergreen, overstory and
ornamental trees of sufficient width and density; or
a. Hedge material must be at least three feet in height.
b. Deciduous trees must be at least two inches in diameter as
measured six inches above the ground.
c. Coniferous trees must be at least six feet in height.
ii. An earth berm of sufficient height to provide an effective screen
throughout the year; or
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a. Earth berms shall not have a slope of more than three feet horizontal
to one foot vertical or be located within any street right-of-way unless
otherwise approved by the city engineer.
iii. A screening fence constructed of one or more of the following
materials:
a. Factory finished metal or vinyl panels.
b. Wood.
(8) Storage tanks (aboveground).
(9) Warehouse space (exceeding 50 percent of the total building floor area up to a
maximum of 65 percent).
(1) Accessory structure provided the materials are the same as those of the existing principal
structure.
(2) Warehouse space exceeding 50 percent of the total building floor area up to a maximum
of 65 percent.
(3) Vocational, technical and trade schools.
(4) Loading areas/overhead doors when located in front yards.
(5) Aboveground storage tanks.
(6) Government buildings and facilities.
(7) Motor vehicle repair shops, provided that they meet the following conditions:
a. All repair services shall be conducted inside the building.
b. Merchandise shall be stored inside the building.
c. All damaged vehicles stored on the premises shall be stored within an area which is
screened by a six-foot high 100 percent opaque fence constructed of factory finished
metal or vinyl material.
d. The building shall comply with the material requirements of this section, and 30
percent of any building face and all overhead doors facing any public street shall be
constructed of glass material.
e. No sales or display of merchandise outside the building.
f. The building shall be a minimum of 15,000 square feet.
(8) Governmental offices.
(9) Reserved.
(10) Educational institution.
(11) Outdoor storage, provided the storage area:
a. Is accessory to a principal permitted or conditional use; and
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b. Complies with the accessory structure setback requirement applicable to the property;
and
c. Is no larger than 30 percent of the building area; and
d. Includes screening so as to provide a visual barrier. Any such barrier shall reduce
visibility in a manner that restricts vision of the object being screened, but is not
required to totally block the vision of any such object.
1. Screening shall consist of two or more of the following:
i. A compact evergreen or deciduous hedge or evergreen, overstory and
ornamental trees of sufficient width and density; or
a. Hedge material must be at least three feet in height.
b. Deciduous trees must be at least two inches in diameter as measured six
inches above the ground.
c. Coniferous trees must be at least six feet in height.
ii. An earth berm of sufficient height to provide a n effective screen throughout
the year; or
a. Earth berms shall not have a slope of more than three feet horizontal to
one foot vertical or be located within any street right-of-way unless
otherwise approved by the city engineer.
iii. A screening fence constructed of one or more of the following materials:
a. Factory finished metal or vinyl panels.
b. Wood.
(12) Microbreweries.
(13) Brewer taprooms.
(14) Microdistilleries.
(e) Additional standards. The following additional standards apply in the BP district:
(1) Loading spaces and overhead doors.
a. Loading spaces/overhead doors shall be located in designated rear yards and
secondarily in designated side yards. Loading areas/overhead doors shall not be
located in designated front yards unless approved as a conditional use.
b. Loading spaces and overhead doors shall be designed to be compatible with the
principal building. Architectural techniques and landscaping shall be employed to
reduce visual impacts from adjacent properties and roadways.
(2) Dumpsters and refuse enclosures.
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a. All dumpsters shall be completely screened from public view by using enclosures
constructed of similar material as the principal building.
b. Refuse enclosures shall include gates and be located in designated rear or side yards.
(3) Rooftop or ground electrical equipment; signs.
a. All utility equipment shall either be:
1. Screened from the eye level view of adjoining properties by use of exterior walls
and/or landscaping;
2. Painted to match or complement the building structures; or
3. Incorporated into an architectural design, as approved by the building and zoning
administrator.
b. Notwithstanding the provisions of subdivision II of division 5 of this article, the
following requirements regarding signage shall be met:
1. All freestanding signage shall be of a monument style sign and have a maximum
size of 64 square feet and height of eight feet.
2. One on-premises business wall sign per occupancy, not to exceed two square feet
in sign area for each linear foot of the building frontage up to a maximum of 128
square feet per occupancy, is permitted.
(4) Exterior building finishes.
a. It is the intent of the city to promote and encourage high standards of creative
architectural design in the business park district.
b. In the business park zoning district, the following are acceptable building materials
and finishes:
1. Brick.
2. Natural or cut stone.
3. Integrally colored split face (rock face), burnished, or glazed concrete masonry
unit (excluding plain or painted).
4. Integrally colored and exposed aggregate precast concrete panels (excluding
single-T or double-T panels, plain, uncolored, or raked finish) or specially
designed, cast-in-place concrete.
5. Glass, architectural metal, fiberglass and aluminum, provided such panels are
factory fabricated and finished with a durable nonfade surface and their fasteners
are of a corrosion-resistant design.
6. Stucco, E.I.F.S., and other cementitious coating.
7. Wood, provided the surfaces are finished for exterior use or wood of proven
exterior durability is used, such as cedar, redwood, and/or cypress.
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8. Other materials determined as acceptable by the planning department.
c. Major exterior surfaces that are adjacent to any public street, public trail/path, or
adjacent residentially zoned properties shall be of one of the acceptable materials and
shall be combined with at least 30 percent of one or more acceptable materials, or with
40 percent punched openings, with or without glass (or as much as allowed by the
Uniform Building Code, whichever is less), neither of which are to be concentrated in
any one location, unless to accentuate a design feature. Major exterior surfaces that are
visible from but not adjacent to any public street, public trail/path, or adjacent
residentially zoned properties shall be considered transition walls and may have less
than the 30 percent combination or less than 40 percent punched openings, but either
shall not be reduced to zero percent). Reductions below 20 percent shall require staff
approval. Such walls shall be screened from view with additional landscaping. The
requirement to have at least 30 percent of one or more acceptable materials shall not
apply to the loading dock wall.
d. Major exterior surfaces that are adjacent to any public street, public trail/path, or
adjacent residentially zoned properties shall not exceed 160 feet zero inches in length
without a minimum four-foot depth change (recesses, protrusions, or a combination
thereof), with at least two feet of such change to be in the entire height of the facade.
e. Alternatively, exterior wall surfaces are to be designed with architectural interest
through multiple design techniques such as, but not limited to, architectural forms,
reveals, textures, cornice detailing, changes in surface planes, color, punched openings
and/or changes in parapet elevations. The use of design techniques alone or lower
percentage of additional acceptable materials noted in subsection (e)(4)c. of this
section shall require site plan review and approval by the city planning commission.
f. The building shall be designed so as to prevent the appearance of straight, unbroken
lines in the horizontal and vertical surfaces.
g. Main entrances shall be emphasized with a complementary material which is different
from the primary building material.
h. Garage doors shall have a color that matches or coordinates with the building's
primary body color.
i. The building shall be designed to screen equipment located on the roof of the
building. Alternatively, such equipment shall be located in such a manner so that it
cannot be seen from the adjacent public street, public path/trail, or adjacent
residentially zoned property at the same elevation of the first floor of the building.
(5) Landscaping. Notwithstanding the provisions of subdivision IV of division 5 of this article,
the following requirements shall be met:
a. Of the total number of overstory trees required, a minimum of 25 percent shall be
ornamental trees and 25 percent shall be conifer trees.
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b. A landscaping credit of up to 25 percent may be given to a site plan which contains
exterior sculptures, fountains, ponds beyond those required for storm drainage and
other site enhancements as approved by the building and zoning administrator.
c. Underground irrigation shall be installed within the front yard and all landscaped areas
adjacent to a public right-of-way.
(Code 1982, § 900.12(16); Ord. No. 00-11, § 1, 6-19-2000; Ord. No. 00-16, §§ 1—3, 9-18-2000; Ord.
No. 01-13, § 1, 8-20-2001; Ord. No. 02-01, § 1, 1-22-2002; Ord. No. 02-04, § 2, 4-15-2002; Ord. No.
04-11, § 1, 7-19-2004; Ord. No. 05-08, § 1, 4-4-2005; Ord. No. 05-19, § 2, 8-15-2005; Ord. No. 06-
04, 3-20-2006; Ord. No. 07-07, § 6, 7-16-2007; Ord. No. 07-11, § 1, 8-20-2007, Ord. No. 07-12, § 1,
8-20-2007; Ord. No. 09-06, § 3, 7-20-2009; Ord. No. 10-19, § 2, 10-18-2010; Ord. No. 12-11, § 6, 7-
16-2012; Ord. No. 12-15, § 1, 10-15-2012; Ord. No. 15-03, § 8, 1-20-2015; Ord. No. 16-16, § 5, 7-
18-2016)
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Sec. 30-1565. - AR agricultural research district.
(a) Purpose. The agricultural research district is established for the purpose of preserving and
maintaining the use of land for agricultural research.
(b) Permitted uses. Permitted uses in the AR district are as follows:
(1) Roadside sales stands (in connection with approved agricultural research facilities).
(2) Public Parks
(1) Single-family dwellings.
(2) Roadside sales stands, in connection with approved agricultural research facilities.
(3) Public parks, playgrounds and open space.
(c) Accessory uses. Accessory uses in the AR district are as follows:
(1) Parking lots.
(2) Private recreational facilities
(3) Structures, accessory
(1) Garages and sheds as accessory to a single-family dwelling.
(2) Public shelters and essential services.
(3) Private recreational facilities.
(d) Conditional uses. Conditional uses in the AR district are as follows:
(1) Agricultural research facilities
(2) Agricultural uses
Agricultural research facilities and uses.
(e) Standards. Additional standards in the AR district are as follows:
Landscaping shall be provided in accordance with article VI, division 5, subdivision IV, of this
chapter.
(2) Signage. In addition to complying with article VI, division 5, subdivision II, of this
chapter, the following requirements shall be met: One freestanding monument style sign
shall be allowed, not to exceed ten feet in height and 64 square feet in sign area.
(Ord. No. 01-08, § 3, 6-18-2001)
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Sec. 30-1583. - CRT commercial reserve transitional district.
(a) Purpose.
(1) To allow existing uses to remain conforming until such time as redevelopment is consistent
with the comprehensive guide plan, at which time the city will consider changing the
zoning designation.
(2) To provide for orderly redevelopment of contiguous parcels of land.
(3) To discourage piecemeal, lot-by-lot development or leapfrog development that would
result in the isolation or inefficient re-use of existing parcels of land.
(4) To ensure that contiguous parcels of land are served with adequate access and public
infrastructure and that appropriate right-of-way width is established.
(b) Permitted uses.
(1) Agriculture uses (ten-acre lots or more).
(2) Horticultural uses (ten-acre lots or more. Conditional Use Permit in preserved open
space).
(3) Public parks.
(4) Residential, single-family.
(1) Agriculture horticulture uses (ten-acre lots or more).
(2) Public parks, playgrounds and open space.
(3) Facilities for flood and erosion control.
(4) Single-family dwellings.
(c) Accessory uses.
(1) Parking lots.
(2) Signs (as permitted in section 30-851 et seq.)
(3) Structures, accessory.
(4) Wayside stands (in preserved open space).
(1) Accessory farm structures.
(2) Public shelters and essential services.
(3) Garages and sheds including metal skinned buildings.
(4) Signs as permitted in section 30-851 et seq.
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(d) Interim uses. Interim uses shall be permitted for no more than five years, or when the property is
platted, which ever occurs first. The city may require an escrow to ensure the conditions of the
interim use are adhered to.
(1) Asphalt and concrete plant.
(2) Business offices (maximum gross floor area of 10,000 square feet).
(3) Commercial recreations facilities.
(4) Cooperative gardening (in preserved open space).
(5) Gravel mining.
(6) Home occupation, conditional
(7) Horticulture uses (in preserved open space).
(8) Kennels, commercial.
(9) Outdoor storage (provided accessory to a permitted, conditional, or interim use).
(10) Stables, private (in preserved open space).
(11) Veterinary clinics.
(12) Wind turbines.
(1) Roadside sales stands.
(2) Wind generators.
(3) Cooperative gardening in preserved open space.
(4) Gravel mining.
(5) Asphalt and concrete plant.
(6) Other uses existing as of the date of this article.
(7) Commercial recreations facilities.
(8) Veterinary clinics commercial kennels.
(9) Conditional home occupation.
(10) Business and professional offices with a maximum gross floor area of 10,000 square feet.
(11) Horticulture and floriculture uses in preserved open space.
(12) Private stables in preserved open space.
(13) Wayside stands in preserved open space.
(14) Outdoor storage, provided accessory to a permitted, conditional, or interim use.
(Ord. No. 07-09, § 1, 7-16-2007; Ord. No. 07-21, § 1, 12-17-2007; Ord. No. 08-15, § 1, 11-17-2008;
Ord. No. 09-06, § 3, 7-20-2009)
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Sec. 30-1584. - MU-ERP mixed use Elk River Plaza district.
(a) Purpose. The purpose of the mixed use Elk River Plaza district is to codify the planned unit
development into a single zoning district with three subsections: Commercial, single -family, and
multiple-family.
(b) Subzone A. Multiple-family residential.
(1) Permitted uses are as follows:
a. Multiple-family residential
b. Single-family residential.
c. Townhouse dwellings.
d. Two-family residential.
a. Single-family residential.
b. Two-family residential.
c. Townhouse dwellings.
d. Multiple-family residential.
(2) Accessory uses are as follows:
a. Structures, accessory
a. Accessory structures
b. Public shelters.
(3) Conditional uses are as follows:
a. Home occupations, conditional
a. Conditional home occupations.
(c) Subzone B. Single-family residential.
(1) Permitted uses are as follows:
a. Single-family residential.
(2) Accessory uses are as follows:
a. Structures, accessory
a. Accessory structures
(3) Conditional uses are as follows:
a. Home occupations, conditional
a. Conditional home occupations.
(d) Subzone C. Commercial.
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(1) Permitted uses are as follows:
b. Business offices.
c. Garden centers (which may include outdoor display).
d. Nurseries (which may include outdoor display).
e. Outpatient health care facilities.
f. Personal service establishments.
g. Produce market (which may include outdoor display).
h. Public parks.
i. Restaurants, class I
j. Retail sales.
k. Firearms, sale of.
l. Zero lot line development.
a. Business and professional offices.
b. Class I restaurants.
c. Nurseries, produce markets, and garden centers, which may include outdoor display.
d. Outpatient health care facilities.
e. Personal service establishments.
f. Public parks.
g. Retail shops and stores.
h. Sale of firearms.
i. Zero lot line development.
(2) Accessory uses are as follows:
a. Parking lots.
a. Off-street parking facilities.
b. Off-street parking facilities.
c. Public shelters.
(3) Conditional uses are as follows:
a. Carwash facilities.
b. Commercial recreational facilities (indoor).
c. Day cares.
d. Dry cleaning establishments.
e. Equipment rental (no outdoor storage).
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f. Financial institutions.
g. Funeral home.
h. Governmental facilities.
i. Liquor establishments, on-sale.
j. Manufacturing, light (enclosed with related retail sales).
k. Motor vehicle specialty service stations.
l. Nonprofit clubs, lodges, or halls.
m. Pawnshops
n. Produce markets.
o. Restaurants, class II.
p. Sauna, steam bath and heat-bathing room
q. Shopping centers.
r. Veterinary clinics.
a. Carwashes.
b. Class II restaurants.
c. Commercial recreation, outdoor.
d. Commercial recreational facilities, indoor.
e. Dry cleaning establishment.
f. Enclosed light manufacturing with related retail sales.
g. Equipment rental businesses with no outdoor storage.
h. Financial institutions.
i. Funeral parlors.
j. Governmental offices.
k. Licensed day care facilities.
l. Motor vehicle specialty shops.
m. Nonprofit clubs, lodges or halls.
n. On-sale liquor establishments.
o. Pawnshops (250-foot setback from any residential zone and 500-foot setback from
schools, parks, day care centers, churches and other pawnshops, measured from the
property line).
p. Produce markets.
q. Sauna establishments.
r. Shopping centers.
s. Veterinary clinics.
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(Ord. No. 10-08, § 1, 6-21-2010; Ord. No. 15-34, § 1, 12-21-2015; Ord. No. 16-07, § 3, 4-18-2016;
Ord. No. 16-10, § 1, 5-16-2016)
Editor's note— Section 1 of Ord. No. 10-08, adopted June 21, 2010, set out a provision designated
as § 30-1600. For stylistic purposes and at the discretion of the editor, this provision has been
redesignated as § 30-1584.
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