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4.3. PCSR 02-27-2018 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 4.3 Agenda Section Public Hearings Meeting Date February 27, 2018 Prepared by Chris Leeseberg, Senior Planner Item Description Ordinance Amendment  Industrial and Commercial Zoning District Uses, OA 18-03 Reviewed by Zack Carlton, Planning Manager Reviewed by Action Requested Recommend, by motion, approval of the Ordinance Amendment as proposed. 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 (CUP). 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 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. 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. Planning Commission Work Session - January 23, 2018 The Planning Commission reviewed the proposed changes at their work session on January 23, 2018. Staff is recommending removing the A-1 (Agricultural Conservation) and C-4 (Community Commercial) districts in their entirety. The A-1 district only exists near the land fill (north of 221st and between Highway 169 and the Great Northern Trail). There are only 4 parcels that are zoned C-4. Staff will be recommending rezoning those respectively to Commercial Reserve Transitions (CRT) and C-3 (Highway Commercial). The Planning Commission supported this proposal. Staff recommends striking commercial recreation facilities from I-1 district to maintain the desire of creating jobs. The Commission expressed concerns regarding the establishment of future school related facilities as some of them are now located in the industrial districts. The consensus of the Planning Commission was to strive for job creation. Staff reviewed possible locations for these uses and commercial recreation facilities related to school groups and associations will be added to the residential zoning districts. Schools are already located in residential districts and this will encourage those uses to locate near the school. There was discussion regarding staffs recommendation to remove institutional uses (churches, schools, etc.) from the Downtown District (DD). The consensus of the Planning Commission was that they should not be allowed. Existing uses in downtown may continue as legal non-conforming uses, but would not be permitted to expand in the future. With direction on the various residential districts discussed at the work session, staff will continue 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 C1 o C2 o C3 o C4 o DD o I1 o I2 o I3 o BP o AR o CRT  Draft Ordinance Strikethroughs to be removed  Underlines to be added  Highlighted = use relocated to here  Highlighted = new use or language added  Highlighted = use or language removed entirely      Page 1  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. Strikethroughs to be removed  Underlines to be added  Highlighted = use relocated to here  Highlighted = new use or language added  Highlighted = use or language removed entirely      Page 2  (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.). (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-1 district are as follows: (1) Apartments (subordinate to the principal use). Strikethroughs to be removed  Underlines to be added  Highlighted = use relocated to here  Highlighted = new use or language added  Highlighted = use or language removed entirely      Page 3  (2) Brewer taprooms, (producing less than 10,000 or more barrels of malt liquor annually). (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. Strikethroughs to be removed  Underlines to be added  Highlighted = use relocated to here  Highlighted = new use or language added  Highlighted = use or language removed entirely      Page 4  (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(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. Strikethroughs to be removed  Underlines to be added  Highlighted = use relocated to here  Highlighted = new use or language added  Highlighted = use or language removed entirely      Page 1  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: Strikethroughs to be removed  Underlines to be added  Highlighted = use relocated to here  Highlighted = new use or language added  Highlighted = use or language removed entirely      Page 2  (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)    Strikethroughs to be removed  Underlines to be added  Highlighted = use relocated to here  Highlighted = new use or language added  Highlighted = use or language removed entirely  Highlighted = Note of uses that are in the C4 district  Reference only, will not be in ordinance      Page 1  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)    Strikethroughs to be removed  Underlines to be added  Highlighted = use relocated to here  Highlighted = new use or language added  Highlighted = use or language removed entirely  Highlighted = Note of uses that are in the C4 district  Reference only, will not be in ordinance      Page 2  (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.). (6) 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. (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).    Strikethroughs to be removed  Underlines to be added  Highlighted = use relocated to here  Highlighted = new use or language added  Highlighted = use or language removed entirely  Highlighted = Note of uses that are in the C4 district  Reference only, will not be in ordinance      Page 3  (2) Commercial recreational facilities. (In C4) (3) Equipment rentals. (4) Governmental facilities. (5) Institutional uses. (In C4) (6) Landscaping Contractor Yards. (outside of the Urban Service District) (7) Liquor establishments, off-sale (municipally owned). (Included because it is in C4) (8) Manufacturing, light (enclosed with related retail sales). (9) Microdistilleries. (10) Ministorage (provided that the use is on unplatted land outside the urban service district). (11) Motor vehicle repair shops. (12) Motor vehicle specialty service stations. (13) Pawnshops (14) Saunas, steam baths, and heat-bathing rooms. (15) Shopping centers. (16) 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.    Strikethroughs to be removed  Underlines to be added  Highlighted = use relocated to here  Highlighted = new use or language added  Highlighted = use or language removed entirely  Highlighted = Note of uses that are in the C4 district  Reference only, will not be in ordinance      Page 4  (14) Reserved. (15) Motor vehicle service stations. (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)    Strikethroughs to be removed  Underlines to be added  Highlighted = use relocated to here  Highlighted = new use or language added  Highlighted = use or language removed entirely        Page 1  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.    Strikethroughs to be removed  Underlines to be added  Highlighted = use relocated to here  Highlighted = new use or language added  Highlighted = use or language removed entirely        Page 2  (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)    Strikethroughs to be removed  Underlines to be added  Highlighted = use relocated to here  Highlighted = new use or language added  Highlighted = use or language removed entirely        Page 3  Current C4 Areas    Strikethroughs to be removed  Underlines to be added  Highlighted = use relocated to here  Highlighted = new use or language added  Highlighted = use or language removed entirely      Page 1  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 street level occupy the floor). (15) Restaurants, class I. (16) Retail sales. (1) Business and professional offices. (2) Financial institutions.    Strikethroughs to be removed  Underlines to be added  Highlighted = use relocated to here  Highlighted = new use or language added  Highlighted = use or language removed entirely      Page 2  (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.    Strikethroughs to be removed  Underlines to be added  Highlighted = use relocated to here  Highlighted = new use or language added  Highlighted = use or language removed entirely      Page 3  (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.    Strikethroughs to be removed  Underlines to be added  Highlighted = use relocated to here  Highlighted = new use or language added  Highlighted = use or language removed entirely        Page 1  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.    Strikethroughs to be removed  Underlines to be added  Highlighted = use relocated to here  Highlighted = new use or language added  Highlighted = use or language removed entirely        Page 2  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.) (5) 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) 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) Landscaping Contractor Yards. (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.    Strikethroughs to be removed  Underlines to be added  Highlighted = use relocated to here  Highlighted = new use or language added  Highlighted = use or language removed entirely        Page 3  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. 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.    Strikethroughs to be removed  Underlines to be added  Highlighted = use relocated to here  Highlighted = new use or language added  Highlighted = use or language removed entirely        Page 4  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. (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. Strikethroughs to be removed  Underlines to be added  Highlighted = use relocated to here  Highlighted = new use or language added  Highlighted = use or language removed entirely    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. Strikethroughs to be removed  Underlines to be added  Highlighted = use relocated to here  Highlighted = new use or language added  Highlighted = use or language removed entirely    (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) Landscaping Contractor Yards. (9) Manufacturing, heavy. (10) Meat or fish packing. (11) Railyards. (12) Signs, advertising (in accordance with section 30-875.) (13) 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. Strikethroughs to be removed  Underlines to be added  Highlighted = use relocated to here  Highlighted = new use or language added  Highlighted = use or language removed entirely    (12) Governmental offices. (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)    Strikethroughs to be removed  Underlines to be added  Highlighted = use relocated to here  Highlighted = new use or language added  Highlighted = use or language removed entirely    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 per 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.    Strikethroughs to be removed  Underlines to be added  Highlighted = use relocated to here  Highlighted = new use or language added  Highlighted = use or language removed entirely    (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.    Strikethroughs to be removed  Underlines to be added  Highlighted = use relocated to here  Highlighted = new use or language added  Highlighted = use or language removed entirely    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    Strikethroughs to be removed  Underlines to be added  Highlighted = use relocated to here  Highlighted = new use or language added  Highlighted = use or language removed entirely    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    Strikethroughs to be removed  Underlines to be added  Highlighted = use relocated to here  Highlighted = new use or language added  Highlighted = use or language removed entirely    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 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.    Strikethroughs to be removed  Underlines to be added  Highlighted = use relocated to here  Highlighted = new use or language added  Highlighted = use or language removed entirely    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.    Strikethroughs to be removed  Underlines to be added  Highlighted = use relocated to here  Highlighted = new use or language added  Highlighted = use or language removed entirely    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.    Strikethroughs to be removed  Underlines to be added  Highlighted = use relocated to here  Highlighted = new use or language added  Highlighted = use or language removed entirely    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) Strikethroughs to be removed  Underlines to be added  Highlighted = use relocated to here  Highlighted = new use or language added  Highlighted = use or language removed entirely    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. Strikethroughs to be removed  Underlines to be added  Highlighted = use relocated to here  Highlighted = new use or language added  Highlighted = use or language removed entirely    (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) Kennel, commercial. (9) Landscaping Contractor Yards. (10) Manufacturing, heavy. (11) Meat or fish packing. (12) Ministorage. (13) Outdoor storage (accessory to principal use). (14) Railyards. (15) Recycling processing centers. (16) Salvage yards. (17) Sexually-oriented land uses. (18) 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. Strikethroughs to be removed  Underlines to be added  Highlighted = use relocated to here  Highlighted = new use or language added  Highlighted = use or language removed entirely    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. (19) 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. Strikethroughs to be removed  Underlines to be added  Highlighted = use relocated to here  Highlighted = new use or language added  Highlighted = use or language removed entirely    (13) Ministorage. (14) Outdoor storage area accessory to principal use. (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) Strikethroughs to be removed  Underlines to be added  Highlighted = use relocated to here  Highlighted = new use or language added  Highlighted = use or language removed entirely    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.    Strikethroughs to be removed  Underlines to be added  Highlighted = use relocated to here  Highlighted = new use or language added  Highlighted = use or language removed entirely    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.    Strikethroughs to be removed  Underlines to be added  Highlighted = use relocated to here  Highlighted = new use or language added  Highlighted = use or language removed entirely    (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.    Strikethroughs to be removed  Underlines to be added  Highlighted = use relocated to here  Highlighted = new use or language added  Highlighted = use or language removed entirely    (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)    Strikethroughs to be removed  Underlines to be added  Highlighted = use relocated to here  Highlighted = new use or language added  Highlighted = use or language removed entirely    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)    Strikethroughs to be removed  Underlines to be added  Highlighted = use relocated to here  Highlighted = new use or language added  Highlighted = use or language removed entirely        Page 1  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.    Strikethroughs to be removed  Underlines to be added  Highlighted = use relocated to here  Highlighted = new use or language added  Highlighted = use or language removed entirely        Page 2  (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) Strikethroughs to be removed Underlines to be added Last Updated March 2014 Ordinance 18 - ____ An Ordinance Amending Chapter 30, Sections 30-1022, 30-1023, 30-1024, 30-1025, 30-1026, 30-1292, 30-1293, 30-1294, 30-1295, 30-1562, 30-1565, and 30-1583, of the City of Elk River, Minnesota, City Code The City Council of the City of Elk River does hereby ordain as follows: SECTION 1. That § Section 30-1022, C-1 central business district of the City of Elk River Code of Ordinances shall be amended to read as follows: 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. Strikethroughs to be removed Underlines to be added Last Updated March 2014 (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. (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.). (4) Structures, accessory (1) Signs as permitted in section 30-851 et seq. Strikethroughs to be removed Underlines to be added Last Updated March 2014 (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). (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. Strikethroughs to be removed Underlines to be added Last Updated March 2014 (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. SECTION 2. That § 30-1023, C-2 office district of the City of Elk River Code of Ordinances shall be amended to read as follows: 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. Strikethroughs to be removed Underlines to be added Last Updated March 2014 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: (5) Parking lots. (6) Private recreational facilities. (7) Signs (as permitted in section 30-851 et seq.). (8) 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. Strikethroughs to be removed Underlines to be added Last Updated March 2014 (e) Architectural standards. No provision of section 30-938 except subsection 30-938(2) pertaining to building materials applies to this district. SECTION 3. That § 30-1024, C-3 highway commercial district of the City of Elk River Code of Ordinances shall be amended to read as follows: 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 Strikethroughs to be removed Underlines to be added Last Updated March 2014 (22) Retail sales. (In C4) (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.). (6) 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. (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) (3) Equipment rentals. (4) Governmental facilities. Strikethroughs to be removed Underlines to be added Last Updated March 2014 (5) Institutional uses. (In C4) (6) Landscaping Contractor Yards. (outside of the Urban Service District) (7) Liquor establishments, off-sale (municipally owned). (Included because it is in C4) (8) Manufacturing, light (enclosed with related retail sales). (9) Microdistilleries. (10) Ministorage (provided that the use is on unplatted land outside the urban service district). (11) Motor vehicle repair shops. (12) Motor vehicle specialty service stations. (13) Pawnshops (14) Saunas, steam baths, and heat-bathing rooms. (15) Shopping centers. (16) 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. (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). Strikethroughs to be removed Underlines to be added Last Updated March 2014 (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. SECTION 4. That § 30-1025, C-4 community commercial district of the City of Elk River Code of Ordinances shall be removed in its entirety. 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. Strikethroughs to be removed Underlines to be added Last Updated March 2014 (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. (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. SECTION 5. That § 30-1026, DD downtown district of the City of Elk River Code of Ordinances shall be amended to read as follows: 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 arch itectural 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. Strikethroughs to be removed Underlines to be added Last Updated March 2014 (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 street level occupy the floor). (15) Restaurants, class I. (16) 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) 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. Strikethroughs to be removed Underlines to be added Last Updated March 2014 (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. (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. Do we need to include the rest? SECTION 6. That § 30-1292, I-1 light industrial district of the City of Elk River Code of Ordinances shall be amended to read as follows: Strikethroughs to be removed Underlines to be added Last Updated March 2014 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. 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.) (5) Structures, accessory. (1) Retail sales, provided: Strikethroughs to be removed Underlines to be added Last Updated March 2014 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) Landscaping Contractor Yards. (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. 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 Strikethroughs to be removed Underlines to be added Last Updated March 2014 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. 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. Strikethroughs to be removed Underlines to be added Last Updated March 2014 (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. SECTION 7. That § 30-1293, I-2 medium industrial district of the City of Elk River Code of Ordinances shall be amended to read as follows: Sec. 30-1293. - I-2 medium industrial district. 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 nomina l 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. Strikethroughs to be removed Underlines to be added Last Updated March 2014 (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. (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) Landscaping Contractor Yards. (9) Manufacturing, heavy. (10) Meat or fish packing. (11) Railyards. (12) Signs, advertising (in accordance with section 30-875.) (13) Truck terminals. Strikethroughs to be removed Underlines to be added Last Updated March 2014 (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. (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. SECTION 8. That § 30-1295, I-3 general industrial district of the City of Elk River Code of Ordinances shall be amended to read as follows: 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. Strikethroughs to be removed Underlines to be added Last Updated March 2014 (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. (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. Strikethroughs to be removed Underlines to be added Last Updated March 2014 (4) Concrete/asphalt products and processing. (5) Foundry, casting, or forging metals. (6) Government facilities. (7) Grain and feed elevators and mills. (8) Kennel, commercial. (9) Landscaping Contractor Yards. (10) Manufacturing, heavy. (11) Meat or fish packing. (12) Ministorage. (13) Outdoor storage (accessory to principal use). (14) Railyards. (15) Recycling processing centers. (16) Salvage yards. (17) Sexually-oriented land uses. (18) 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. 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 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. Strikethroughs to be removed Underlines to be added Last Updated March 2014 (19) 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. (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 Strikethroughs to be removed Underlines to be added Last Updated March 2014 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. SECTION 9. That § 30-1294, BP business park district of the City of Elk River Code of Ordinances shall be amended to read as follows: 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 per 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: Strikethroughs to be removed Underlines to be added Last Updated March 2014 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. (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. Strikethroughs to be removed Underlines to be added Last Updated March 2014 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. (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. Strikethroughs to be removed Underlines to be added Last Updated March 2014 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 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 Strikethroughs to be removed Underlines to be added Last Updated March 2014 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 throughou t 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. 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. Strikethroughs to be removed Underlines to be added Last Updated March 2014 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. 8. Other materials determined as acceptable by the planning department. c. Major exterior surfaces that are adjacent to any public street, public trail/pa th, 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, o r adjacent Strikethroughs to be removed Underlines to be added Last Updated March 2014 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. 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. SECTION 10. That § 30-1562, A-1 agricultural conservation district of the City of Elk River Code of Ordinances shall be removed in its entirety. Sec. 30-1562. - A-1 agricultural conservation district. Strikethroughs to be removed Underlines to be added Last Updated March 2014 (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. (2) Public shelters and essential services. (3) Garages and sheds, including metal-skinned buildings. (4) Private recreational facilities. (5) Private kennels. Strikethroughs to be removed Underlines to be added Last Updated March 2014 (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. SECTION 11. That § 30-1565, AR agricultural research district of the City of Elk River Code of Ordinances shall be amended to read as follows: 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). Strikethroughs to be removed Underlines to be added Last Updated March 2014 (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. SECTION 12. That § 30-1583, CRT commercial reserve transition district of the City of Elk River Code of Ordinances shall be amended to read as follows: 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. Strikethroughs to be removed Underlines to be added Last Updated March 2014 (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. (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. Strikethroughs to be removed Underlines to be added Last Updated March 2014 (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. SECTION 13. That this ordinance shall take effect upon adoption and be published as provided by law. Passed and adopted by the City Council of the City of Elk River this Click here to enter day this will be adopted day of Click here to enter month this will be adopted, 2018. ______________________________ John J. Dietz, Mayor ATTEST: _______________________________ Tina Allard, City Clerk