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7.3. SR 03-19-2018Request for Action To Item Number Mayor and City Council 7.3 Agenda Section Meeting Date Prepared by Public Hearin s March 19, 2018 Chris Leeseber , Senior Planner Item Description Reviewed by Ordinance Amendment: Industrial and Commercial Zack Carlton, Planning Manager Zoning District Uses Reviewed by Cal Portner, City Administrator Action Requested Adopt, by motion, an ordinance amending 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. Adopt, by motion, a resolution for summary publication of Ordinance No. 18-_. Background/Discussion Staff proposed simplifying the city code by clarifying the uses in each district, with clarifying amendments to the definitions, and reducing the number of conditional uses requiring a permit (CUP). The changes will reduce the number of businesses needing Council approval prior to construction/ operation. Site plan approval will still be required for the uses moved to the permitted use section. Planning Commission Meeting The Planning Commission reviewed this request during a work session on January 23, 2018, and again during their regular meeting on February 27, 2018. The Planning Commission Council liaison expressed concerns with the removal of commercial recreation facilities from the I-1 district as sports associations would not be able to locate facilities in lower-cost industrial districts. They discussed the youth baseball facility located in an I-1 zoning district that holds clinics during the winter and provides jobs as a result of the clinics. They wanted to know where commercial recreation facilities are allowed. Not including the I-1 district, commercial recreation facilities are allowed in 12 zoning districts, all as a conditional use. Staff proposes allowing them in residential zoning districts, where schools are also allowed as many as the athletic association uses are associated with a school and grouping their facilities would allow for improved efficiencies in their use. The Commission agreed there should be a place for youth sports facilities, but not an industrial area, noting the hours of use and job creation does not match the purpose of the district. Additionally, they noted these uses are typically adjacent to higher -volume retail areas with more traffic. They need to look at areas that are more amenable to higher traffic volumes with better access and not take up industrial space. Existing sites would be legal, non -conforming uses and may continue to operate. The commission unanimously recommended approval of the amendment. The Elk River Vision A PehoMing community Pitb revolutionary and spirited resourcefulness, exceptional P,` 01 W E H E 8 6 T service, and community engagement that encourages and inspires prosperity INAWRE1 Financial Impact None Attachments ■ Planning Commission Memo dated February 27, 2018 ■ Exhibits showing where commercial recreation facilities are allowed ■ Ordinance ■ Summary Resolution Request for Action ver To Item Number Planning Commission 4.3 Agenda Section Meeting Date Prepared by Public Hearings February 27, 2018 Chris Leeseber , Senior Planner Item Description Reviewed by Ordinance Amendment Zack Carlton, Planning Manager ■ Industrial and Commercial Zoning District Reviewed by Uses, OA 18-03 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 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 - highlighted text references a new use and/or language being added. The = highlighted text references uses and/or language that have been removed entirely from the zoning district. The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity NATWREJ In the C-3 district, iagenM 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 22151 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 Al o C1 o C2 o C3 o C4 o DD o I1 o I2 o I3 o BP o AR o CRT ■ Draft Ordinance Strike h; 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. 30-1022. - C-1 central business district. (a) Noose. 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. Page 1 Strike h; to be removed Underlines to be added Highlighted = use relocated to here Highlighted = new use or language added dighlighte.d = use or language removed entirely (10) Bed and break&sts establishffients residential > i~akewing eriter-ift! a. Off street parking shaI4 be pro-,Fided shall be allowed at > a r -ate as a perffiitted use i of one spaee per guest rooffi plus these permitted, h. Off street parking shall e. Sigfiage sha4 be liffiited be provided to one on freestanding an e�dsting sign, driveway. not to exeeed f0tif feet in height and eight square feet in „1..,.11 not 1....:11 .......:.........!7 d. The e-xt size, and one ace of the waH sign structufe nat shaI4 to emeeed four- square feet in size. Signs not be altered from its single fatnil e. The proposal shitfl if the proposed bed (4 1) Physical fecreation eamply with and break&st a4l building business and does fire eade not eofnply with one or more of the • (12) Brewer tapr-ooffis produeing less than 40,000 barf-els of ffiak liquar aftfie*11r. (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 sect. (4) Structures,accessory (4) Signs as perniitted ift section 30 851 et seq. (d) Conditional uses. Conditional uses in the C-1 district are as follows: (1) Apartments (subordinate to the principal use). Page 2 StFikethroughs 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) Brewer taprooms, (producing less than 10,000 or more barrels of malt liquor annuall (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 usel. (11) Restaurants, class II. (12) Saunas, steam baths, and heat -bathing rooms. (1) Nonprofit eitths, lodges or halls. (6) Multiple family dwellings, pro-eided that business/ cofntnereial uses occupy the g -fou floor below the r-esidet=ftial ttse. (7) 011 sale liqttof (4 0) Ftttier-al par4or-s. /9 1 \ Oftss TT .. (43) Apartfnents subordinate to the pfincipal use. (16) Alantt&etured hotne pafks as defined in Minn. Stats. 327.14, sttbd. . (47) Goverfimental offices-. (48) -Brewer tapr-ooffis pradtteing 40,000 of ffiofe barrels of tnalt liqttor aniittallr. Page 3 Strike h; to be removed Underlines to be added Highlighted = use relocated to here M&hted =new use or language added = use or language removed entirely (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, 5 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. Page 4 Strike h; 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. 30-1023. - C-2 office district. (a) Noose. 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, Won -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 prafessioria4 offiees. (2) Outpatient health cafe faeilities. (3) D, , 1 sefest,.L.1:,.1.... (5) Bed and break&sts establishments shaR be allowed as a permitted use, subjeet to sitefdft-n FI-vided the use comphes with the fol4owing • a. Off street pafking shaI4 be pfavided at a r-ateaf ane spaee per- guest raeffi plus these perffiitted, b. Off street par -king shall be pro-,4ded on an eNisting dr4veway, _. Sigfiage sha4 be hffiited to one fr-eestafidiiig sign, not to exeeed fattf feet iff height aftd eight squafe feet in size, and ane wafl sign not to exeeed four- squafe feet in size. Signs ,.1..,.11 not beil.......:.....te d. The e-xt-,.*-- of the strueture shal4 not be altered froffi its single faffii e. The proposal shafl eaffiply with a4l building and fire eade if the proposed bed and break&st business does not eamply with one ai! more of the • (c) Accessory uses. Accessory uses in the C-2 district are as follows: Page 1 Strike h; to be removed Underlines to be added Highlighted = use relocated to here Highlighted = new use or language added Highlighted = use or language removed entirely (1) Parking lots., (2) Private recreational facilities. (3) Signs as permitted in section 30-851 et sem. (4) Structures, accessory. (1) Signs as pefnaitted in section 30 851 et seq. (4) Telephofte-6o" (d) Conditional uses. Conditional uses in the C-2 district areas follows: (1) Governmental facilities. (2) Institutional uses. (3) Saunas, steam baths, and heat -bathing rooms. (2) institutional uses. (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, 5 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) Page 2 Sec. 30-1024. - C-3 highway commercial district. ;101 (b) StFikethF9Wghs to be removed Underlines to be added Highlighted = use relocated to here Highlighted = new use or language added Highlighted = use or language removed entirely ihted = Note of uses that are in the C4 district Reference only, will not be in ordinance Noose. 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. 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. � (6) Dry cleaning establishments. (7) Financial Institutions. � (8) Firearms, sale of (9) Funeral homes. (10) Garden centers. (11) Hotels. (12) Liquor establishments, on -sale. (13) Motels. (14) Motor vehicle service stations. (15) Motor vehicle sales (maintenance and repair prohibited). (16) Personal service establishments. (17) Physical recreation and training. (18) Produce markets. (19) Public parks. (20) Restaurants, class I - (21) Restaurants, class II (22) Retail sales.� Page 1 Stril(ethFeUghs to be removed Underlines to be added Highlighted = use relocated to here Highlighted = new use or language added Highlighted = use or language removed entirely - = Note of uses that are in the C4 district Reference only, will not be in ordinance (1) Business and professional offiees. (2) Retail shops and stores. (8) Sale of fifearffis. (9) Gass 1 restattrants. (10) Class 11 restattrants. (42) Brewer taprooffis produeing less than 40,000 barrels of ffiah liquor anfittallr. (13) Brewpub-S, (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 sem. (6) Structures, accessory. (1) Signs as perfflitted in seetioft 30 854 et seq. (3) Off s"eet leading &eilities. (4) Telephefte booths. (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). Page 2 Stril(ethFeUghs to be removed Underlines to be added Highlighted = use relocated to here Highlighted = new use or language added Highlighted = use or language removed entirely - = Note of uses that are in the C4 district Reference only, will not be in ordinance (2) Commercial recreational facilities. (3) Equipment rentals. (4) Governmental facilities. (5) Institutional uses. � (6) Landscaping Contractor Yards. (outside of the Urban Service District) (7) Liquor establishments, off -sale (municipally owned). M (8) Manufacturing, lig 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) Sho-piling centers. (16) Veterinary clinics. PTEM -.- Ma Page 3 StFikethF9Ughs 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 (14) Reserved-. (4 5) Motor -eehiele servi— (18) Reserved-. (49) Pw*-nshops (250 foot setback ffofn any residential zone and 500 foot setback ffoffl- x, >pawftshops, (20) Hotels and motels. (24) Reserved-. (22) Developffient of pr-epefty withifi 50 feet of the wild and seeiiie fiver- d -i -I -i-1. (23) Afinistafage, pfe-eided that the use is on unplatted land outside the urbaft SefViee dist i-1. (24) Dry eleafii� establishfnent. (26) Brewer- tapr-eeffis pr-odueing 40,000 or- ffior-e barrels of fnalt liquor annuftl1r. (27) Alieradistiller-ies. (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, 5 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, 5§ 1, 2, 8-17-2009; Ord. No. 12-11, 3, 7-16-2012; Ord. No. 14-17, 5 1, 11-17-2014; Ord. No. 15-03, § 4, 1-20-2015; Ord. No. 16-16, 2, 7-18-2016) Page 4 Stril(ethFeUghs to be removed Underlines to be added Highlighted = use relocated to here Highlighted = new use or language added Highlighted = use or language removed entirely establishments,(1) Gonvenienee retail sales of goods and sefv4ees7. (2) Dry eleaning and lattridry establishments. (3) -Personal sei-viee and repair stteh as barbershops and beattty shops, shoe ie�3atr�F (4) Printing shops and pttblishing s1w)ps7. (5) Class 1 restattrants. (6) PhysieA training. (2) Off street park4ng areas. (3) Signs as perniitted in seetion 30 854 et seq. (d) Gonditiottaitffes, Conditional uses in the C 4 district are as fol4owsl Page 1 Stril(ethFeUghs 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 - - - Page 2 lkb,� AMP StFikethF9Ughs 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. 30-1026. - DD downtown district. (a) Noose. 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 prafessiona4 offiees. Page 1 StFikethF9Ughs 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) Retail stores and shops-. (5) Outpatient health eare f�eilities. (6) Nlti4tiple &fnily dwelhfigs provided that bttsifiess/eamrnereia4 uses at street level Oeetip ti..�r (7) Hatels. (10) Physical reereation afid training. (I!) Brewer- tapr-eeffis pr-edueing less than 4 0,000 baffels of ffialt liquar anfittaNy. (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.). Off weer pafking ac tes-Maybe Maybe? (4) Private r-eereational &eilities. (5) Public shelters and essential senvices. (6) Sa4e of fir-ear-ffis. (7) Signs its pefniitted iti seetiHn 30 95 4 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 (fl 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. Page 2 (6) Saunas, steam baths, and heat -bathing rooms. day czcrczzrcmzres (6) On sale 1iqttE)r establishffiefits. (4 4) Sftttna estftbIishffieiits-. (15) Dry eleaftifig esfablishffiefit. (46) Governmental offiees, Stril(ethFeUghs 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 StFikethF9Ughs 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. 30-1292. - 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. fees. (2) Warehouses. MR4 labs. (6) Light ffiafitt&ettifing. I CIA (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. Page 1 Stril(ethFeUghs to be removed Underlines to be added Highlighted = use relocated to here Highlighted = new use or language added Highlighted = use or language removed entirely 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. sales.(1) Retail sales, provided b. The retail sales aetMty does not oeetipy tnere than 4 5 pereent of the gross floor areff of the occupied qtiaftei�-,. e. The -retail sales aeti"'tyis aeeessofy to the pr4neipal ttse. d. Ne sign identifying the retail saies is -eisible ftoffi the outside of the building. (2) Signs as perfflitted in seetioft 30 851 et seq. (3) Cocktail fooms. (d) Conditional uses. Conditional uses in the I -I 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. Page 2 Stril(ethFeUghs 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 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. Page 3 StFiketh!F91;lghs to be removed Underlines to be added Highlighted = use relocated to here Highlighted = new use or language added H &hlighted = use or language removed entirely (7) Tr-ttek and ifnPleffient sales. (8) Gafnffiereial kennels �ndea�. .n e—ies: (14) Brewer tapr-eefns. ( r) r,rieradist ller- e (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. Page 4 - - -- = - -- - - - - --- - - - - -- - - - -- - --- -- (7) Tr-ttek and ifnPleffient sales. (8) Gafnffiereial kennels �ndea�. .n e—ies: (14) Brewer tapr-eefns. ( r) r,rieradist ller- e (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. Page 4 Strike h; 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) Noose. 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. (c) Accessory uses. Accessory uses in the I-2 district are as follows: (1) Cocktail rooms. (2) Parkin StFikethroughs 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. (2) Signs as perfnitted in section 30 851 et seq. (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. Foundry, casting, (5) Ffeight and rail yards, (6) Truck (7) Aleftt or terminals. fish pftel6ng. • Strike h; to be removed Underlines to be added Highlighted = use relocated to here Highlighted = new use or language added Highlighted = use or language removed entirely (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, 5 1, 4-4-2005; Ord. No. 07-16, § 2,11-19-2007; Ord. No. 09-06, § 3, 7-20-2009; Ord. No. 10-12, 5 2, 8-2-2010; Ord. No. 14-04, 5 2, 3-17-2014; Ord. No. 15- 03, § 7, 1-20-2015; Ord. No. 16-16, § 4, 7-18-2016) StFikethF9Wghs 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. 30-129542-94. - 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) OfficWhowroom spaces. (7) Warehouse spaces (not exceeding 50 percent of the entire building), (c) Accessory uses. Accessory uses in the BP district are as follows: (1) Cocktail rooms. StFikethF91IAghs to be removed Underlines to be added Highlighted = use relocated to here Highlighted = new use or language added ' hted = 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). 1111 1111 1 11 1 MIMI." 10". 1 1 �11' StFikethF9Ughs to be removed Underlines to be added Highlighted = use relocated to here Highlighted = new use or language added ELEhted = use or language removed entirely manufactured,f Retail/wholesale sales ineideiita4 to products ftsseffibled, or- warehott (6) Signs as petwAtted in seetion 30 854 et seq. (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 densitya 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 StFikethF9Ughs to be removed Underlines to be added Highlighted = use relocated to here Highlighted = new use or language added MLShted = 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). A4 repa4r sei=yiees shall be condticted inside the bttilding. e. AR damaged -eehieles stared on the pr-efpAses shall be staf-ed within an af-ea VAIie feet.a. e. NO Sa4es or display of ffier-ehandise otitside the btt�flg. StFikethF9Ughs 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. Gaffiplies with the accessory stt�aeture setback r-equifemefit applicable to the propeftr, aftd ff. An earth berffi of sufficient height to prov4de an effecti-ee screen throughout, the year; a (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. StFikethF9Hghs to be removed Underlines to be added Highlighted = use relocated to here Highlighted = new use or language added ' : ted = 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 orground electrical equ pment; 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 finisbes. 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. StFikethF9Wghs to be removed Underlines to be added Highlighted = use relocated to here Highlighted = new use or language added hted = 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. StFikethF9Ughs to be removed Underlines to be added Highlighted = use relocated to here Highlighted = new use or language added = 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. 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, 5 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, 5 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) Strike h; 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. 30-42-9-51294. - 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. (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. StFikethroughs 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 sec.). (4) Structures, accessory. (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 p rson reside on the property. b. The proposed dwelling unit is designed for and will be used exclusively by caretakers or security-ersonnel responsible for the security of the property and the principal use thereof. StFikethroughs 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 pro -petty 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 princi-pal 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. repair. -e ftfid (3) Chemical (4) G ----rete, storage/bttlk storage of fuel, - -� erre- -- --- --- erre-Foundry,a- •, petroleum. -- � eftsting,o Strike h; to be removed Underlines to be added Highlighted = use relocated to here Highlighted = new use or language added Highlighted = use or language removed entirely (43) Alinistorage. Gutdoor- star -age area aeeessar-y (15) Reeyeling pf-oeessi­r, -- to principal use. that!(14) a. The natur-e of the principal b. The proposed Jwelhng unit use of the is des*-ned property fef and ffiakes it wiH be neeessary or- used exelusively higl-Ay desir-a by earetak --ity personnel respefisible e. The proposed dwe4* unit whom rn*y be under 18 year for the w -A! be oeettpied -s of age. security by of the property no ffiare and than two pefsetis, the pr-ifieirftl f�eithef i _4 d. There shall be ai-Ay ane dwelkng ti�t per lot ar-, if one principal use is locate s&vefi adjoiffieg iats, per -a The dwelling 800 feet in be lees e. proposed unit Within a b -g the square feet in -see: f� The pr4neipal use of the property hazardetts to residents of the will not exeeed prineipal use is not proposed of the of sueb a dwelling square property natur-e -14. size and whieh is no that it would will less than be dangerous 40,000 or g. The proposed dwelling unit tneets A4 other requirements I.- of this Code and th-e i safety and welfare of per -sons additional reasonable ���� be unique to the pr-ineipal who tnay or use of the property aeettpr eanditions and P -1--d an the the ownership dwefling eanstruetion of tt and use ffie propef-ty of the and (49) Tfuck terminals. (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) StrikethMughs to be removed Underlines to be added Highlighted = use relocated to here M&hted, =new use or language added = 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. Stril(ethFeUghs to be removed Underlines to be added Highlighted = use relocated to here Highlighted = new use or language added Highlighted = use or language removed entirely r- -- ----b,------------------b) ---- -- - ------b ---- ---- -- ---- --- - -- -------- b---_ r - --r- ---, _- --ces as foads and road maititetiance, and police and fire protectioft, • (3) Facilities f6f flood and erosion control. (7) Model homes in coffipliance with section 30 8W. bieefised ---y etre -- - --= for or fewer -hilt- --• (41) Open space preservation developtnent plats (residential chtstefing). a. Off street parking shall be pro-fided at a rate of one spaee per gttest rooffi pitts those feqttifed for the single family tise. A piggybacked or tandefn parking e. Signage shall be limited to one freestaiidifig sign, fiot to emeeed fettr feet in height a eight sqttafe feet in size, and one wall sign not to exceed f6tir sqttare feet in size. Sigfts shall ftot be i4tiffiiftated, L a AL CCr e. The proposal shall coinply with all btiilding afid fire code ,. L. ,.�.,, .. .:11 v ....l : �: ,.1 . abe)-,;,e ' - --'------, '---- -1-- a ---------tial pe -'----• ( e,___., ___. Aeeessory ttses . Stril(ethFeUghs to be removed Underlines to be added Highlighted = use relocated to here Highlighted = new use or language added Highlighted = use or language removed entirely (1) Comtnercial recreational facili (2) Gaffipgrottfids. (5) Roadside sales stan&. (44) Tfttek tfaete)f aiid,1E)r- tfailer pafkiiig (platted par -eels of par -eels less thaii five f-fi (48) Private stables ift pfeserv;ed open spaee. (49) Wayside stands ift pfeserv:ed open spaee. (20) Land—t-4.6 --factors yard prov4ded that: ft. The ttse is e)ft tttiplfttted property. Stril(ethFeUghs to be removed Underlines to be added Highlighted = use relocated to here Highlighted = new use or language added = use or language removed entirely StFikethF9Ughs 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 (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 (d) Conditional uses. Conditional uses in the AR district are as follows: (1) Agricultural research facilities (2) Agricultural 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) StFikethF9Ughs 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. 30-1583. - 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. (2) Pttblie parks, p1wfg-rounds and open spaee. (3) Faeilitie- far- flood and erosion eontrol. (4) Single &mily dwelhng-s7 (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). Page 1 StFikethF9Ughs to be removed Underlines to be added Highlighted = use relocated to here Highlighted = new use or language added Jhlighted, = use or language removed entirely (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. (2) kX4nd generators. (5) Aspha4t and eanefete plant. WOther uses existing as of the date of this article. - (7) Commercial recreation-, fiteilities. (9) Ganditional home 0 (10) Btisifiess and prafessianA offiees with a ffia�dfnum g-ross floor (12) Pfivate stables in presefved open spaee. area of 10,000 svare feet. (14) Outdoor >pfovided accessory to a per-mitted, conditional, (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) Page 2 Ordinance 18 - Str-ikethrettghs to be removed Underlines to be added 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. Last Updated March 2014 p a W I H I a 0 NAT--UPEI Str-ikethrettghs to be removed Underlines to be added (15) Retail sales. b. Off street par -king e. S*nage shaR be liffiited shaH be provided to one an an freestanding &dsfing dfivewar. sign, not to emeeed four feet in height ft"d eight squafe feet in shft4 Rot be iflutininated, d. The ext size, and ofie nee of the wft4 sign strue"e shaR not to exceed fettr square feet in si2e. Signs not be altered ffE)ffi its sifT4e e. The proposal shag eomply with a4 building and fire eade • (12) Brewer tapfooms pf-odtteing less than 40,000 barrels of mak liqttof annu*llr. (c) Accessory uses. Accessory uses in the C-1 district are as follows: (1) Parking lots. (2) Private recreational facilities. (3) Sins (as permitted in section 30-851 et sea.). (4) Structures,accessory (1) Sigiis as pefffiitted iii seetion 30 851 et seq. Last Updated March 2014 p a w I R I a 0 NAT--UPEI Str-ikethrettghs to be removed Underlines to be added (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-fanilL(provided that business/commercial uses occul2y the ground floor below the residential use). (11) Restaurants, class Il. (12) Saunas, steam baths, and heat -bathing rooms. (3) hastittitional uses. (5) Gamffiefeial par -king lots and r-affips7. floof below the residenfia4 use. Last Updated March 2014 p a W I R I a 0 NAT--UPEI Str-ikethrettghs to be removed Underlines to be added (14) Pfaduee markets. (15) sattilft (16) Nlanttfae"ed hafne parks as defined ift Nfifin. Stats. 5 327. 14, stthd. . (18) Brewer tapreams predtieing 4 0,000 or fflore baffels of malt liqtior- afiftttally-. (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. Last Updated March 2014 p a W I H I a 0 NAT--UPEI Str-ikethrettghs to be removed Underlines to be added (c) Accessory uses. Accessory uses in the C-2 district are as follows: (5) Parking lots. (6) Private recreational facilities. (7) Sims as permitted in section 30-851 et sed; (8) Structures, accessory. (4) Signs as perffiitted in section 30 851 et seq. (2) Off street parking facilities. (3) Off stfeet leading faeilities. (4) Telephone booths. (5) Private reereational faeihties. (6) Publie shelters and essential sefviees. (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. (2) liastitutional uses. (6) Boardinghouses. (8) Satififf p a W I R I a 0 ATVP Last Updated March 2014 Str-ikethrettghs to be removed Underlines to be added (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, Wroducing less than 10,000 barrels of malt liquor annually)-. (2) Brewpubs. (3) Business offices. (4) Carwash facilities. (5) Da, cares. (In -L4 (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 Last Updated March 2014 p a W I H I a 0 NATWPEI Str-ikethrettghs to be removed Underlines to be added (22) Retail sales. (In C4) (4) Ndr-series, produce markets, and garden centers, which may iftelude ot1fdoor display. (5) Co„ - (10) Class 11 r-estatir-ants. (14) -Physical feereation and tfaiffing. (12) Brewer tapreaffis pradtieifig less thftfi 40,000 baffels of ffialt hquor annually. (c) Accessory uses. Accessory uses in the C-3 district are as follows: (1) Cocktail rooms. (2) Outdoor disi2lay (not to exceed 1 % of the lot area) (3) Parking Lots (4) Private recreational facilities. (5) Suns as permitted in section 30-851 et seq. (6) Structures, accessory. (4) Signs as perffiitted in seetion 30 854 et seq. (2) Off street paf-16ng &eilities. (d) Conditional uses. Conditional uses in the C-3 district areas 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. Last Updated March 2014 p a W I R I a 0 NAT--UPEI Str-ikethrettghs to be removed Underlines to be added (5) Institutional uses. (In C4) (6) Landscaping Contractor Yards. (outside of the Urban Service District (7) Liquor establishments, off -sale municipally owned). ancluded 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. (4) Enclosed light manu&ettififig with related retail sales. (2) Gar, ..1_ DST and mar-mar-ine sales and , (3) Nanpr-efit (4) >ledges,or haRs.- (18) Reserved, (19) Pw*-nshops (250 foot set-bftek from any- residentiA zone and 500 foot Set-baek &ofii sehools, > > nd iz > Last Updated March 2014 p a w I R I a 0 NAT--UPEI Str-ikethrettghs to be removed Underlines to be added (ern Hotels and motels. (21) Reserved, (22) -- - e --or------- of r -or (23) Nfinistofage, provided ---/within 50 feet of he - --_ and seeftie -- • -- d.* -,----• that the use is on unplatted land otttside the urban ser-Viee distigi— (26)T � l27) � fier ertes. shftp-R. (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. (1) Ganvei-Aenee retail sa4es of goods and sefviees, (4) Pr-iiating shops and publishing (5) Class 1 r-estatli=Ftats. shftp-R. Last Updated March 2014 p a w I H I a 0 NAT--UPEI Str-ikethrettghs to be removed Underlines to be added 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 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 (0 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 annua w. (2) Brewpubs. (3) Business offices. (4) Commercial recreational facilities. (5) Day cares. (6) Dry cleaning establishments. (7) Financial institutions. (8) Hotels. p a W I H I a 0 ATVP Last Updated March 2014 Str-ikethrettghs to be removed Underlines to be added (9) Nonprofit clubs, lodges or halls. (10) Outpatient healthcare facilities. (11) Personal service establishments. (12) Physical recreation and training (13) Public parks. (14) Residential, multiple-famil-(provided that business/commercial uses at street level occupy the floor). (15) Restaurants; class I. (16) Retail sales. (1) Business and pr-afessional offiees. (2) Finaneial institutions -7. (3) Retail stores alld ShE)P.S-. (4) -Per-satial serviee establishments. (7) Hotels (8) Restotur-Ftnts, (Glass 1), (10) Physiea4 recreation and tfaining. (11) Brewer tapr-eoms pr-adtteitig (12) BfewpubIR. less thati 10,000 bar+els of ffialt liefuor- anftU*llY-. (c) Accessory uses. Accessory uses in the downtown district are as follows: (1) Firearms, sale of. (2) Parking lots. (3) Private recreational facilities. (4) Suns as permitted in section 30-851 et seq.; . (1) Off street par-Wng Maybe? (2) Off street leading fae4ities, Maybe? (3) Telephone booths. (4) Private r-eefeational &eilities. (6) Sa4e of firearms. Last Updated March 2014 p a W I R I a 0 NAT--UPEI Str-ikethrettghs to be removed Underlines to be added (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 (fl 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 annuall (2) Funeral homes. (3) Governmental facilities. (4) Liquor establishments, on -sale. (5) Produce markets. (6) Saunas, steam baths, and heat -bathing rooms. (12) GavernmentA buildings (14) Sauna establishfnents-. and &eihtI.I'---'-I. (15) Dry eleaning establishment. 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: Last Updated March 2014 p a W I H I a 0 NAT--UPEI Str-ikethrettghs to be removed Underlines to be added 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. (6) Light ffiantif-aeturing. (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) Sins (as permitted in section 30-851 et seg.l (5) Structures, accessory. MM.— ■ -6 Last Updated March 2014 P O w E H E D 9 r NAT--UPEI Str-ikethrettghs to be removed Underlines to be added a. The retail sales aefivity is not laeated in aft adffiii�strative affiee &eilky, but is 10eft h. The retail sales aetivity does not oeeidpy more than 45 pereent of the gross floor- a of the occupied qdar-ter-s-. e. The retail sales ae "i'l i� ----- Sofy to the pf-ifleipal use. d. No sign identify� the retail sales is visible ffoffi the outside of the building. (2) Sig -as as per-ffiitted in seetion 30 854 et seq. (3LCocktail fooms. (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,12rovided 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 cites 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 exclusivelyby 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 P a w E R E U e r ATVP Last Updated March 2014 INI Str-ikethreughs to be removed Underlines to be added 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 propeM and the principal use. Any conditional use permits granted under this section shall therefore automatically expire if the principal use of the properj3: changes or the ownership of either the property or the principal use of the property changes. U-01 Offiml F�r��rasr����!srrr�!�rrsr_��r�!�r:� - - - - - -!` - - - - - - -- - - -r-�f MORI- - - Last Updated March 2014 p a w I R I a 0 NAT--UPEl Str-ikethrettghs to be removed Underlines to be added (6) Broadeasting studios and &eihties-. (8) Gaffiffiereial kennels oftdoo-r). (9) Bus storage. Not to exceed ten buses, unless the property has direet aeeess to an afterial of collector stf ec (14) Brewer tVr-ooffis. (15) Nfier-odistifler-ies. (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 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. Last Updated March 2014 p a W I H I a 0 NAT--UPEI Str-ikethrettghs to be removed Underlines to be added (3) Light manu&eturifig. (4) War-ehouses. (5) Auto repair- shaps. (6) Bottling and distribution. (7) Resear-eh and design &eilities. (8) Alediea4, dental and eptieal labs. (10) Dry eleani� estabbshment. (14) Afierebiaewer-ies. (c) Accessory uses. Accessory uses in the I-2 district are as follows: (1) Cocktail rooms. (2) Parking lots. (3) Sims, excluding advertising signs as permitted in section 30-851 et sec (4) Structures, accessory. (4) 4 (2) Signs as pefffiitted in seetion 30 854 et seq. (3) Geektai4 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 process (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, advertisingCin accordance with section 30-875.) (13) Truck terminals. Last Updated March 2014 p a W I R I a 0 NAT--UPEI Str-ikethrettghs to be removed Underlines to be added (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. 30-42-9-51294. - 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. Last Updated March 2014 p a W I H I a 0 NAT--UPEI . (5) Freight and rail yards, (7) Meat or >truck (10) Gover-nment (12) Governmental (43) Advertising fish and paekifig. impleffient buildings and offices. signs (billboards) storage, -e and fepaif. &eilities. in accordance with section 30 875. (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. 30-42-9-51294. - 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. Last Updated March 2014 p a W I H I a 0 NAT--UPEI Str-ikethrettghs to be removed Underlines to be added (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 12rincii2al use. d. No sign identifying the retail sales is visible from the outside of the building. (3) Sims as permitted in section 30-851 et seg;. (4) Structures, accessory_. (1) Retail sales, pf-avided- b. The r-etai4 sales of the oeetTied d. Ne sig -ii idenfifyitig aetivity does nat eeetipy ffiai=e qttftrter--,. the r-etai4 sales is visible than 15 per-eetit of the gross floof area ffeffi the atitside of the building. (d) Conditional uses. Conditional uses in the I-3 district are as follows: (1) Animal and j2oultry_proc� (2) Bus, motor vehicle, and implement storage, maintenance and repair. (3) Chemical storage/bulk storage of fuel, e.g., petroleum. Last Updated March 2014 p a W I R I a 0 NAT--UPEI Str-ikethrettghs to be removed Underlines to be added (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 storag(accessory to principal use). (14) Rail, a (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 years of age. d. There shall be only one dwelling unit per lot or, if one principal use is located on several adjoining lots,12er 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. Last Updated March 2014 p 0 W F R t I I NAT--UPEI Str-ikethrettghs to be removed Underlines to be added (19) Truck terminals. At-tiffial �2) Bus, truck and pattitfy and implement sterag repair.(1) a -e and (3) Chemical (4) Gafier-ete� sterage/bulk storage of fuel, asphalt pfadtiets and •, (5) F ..a.y Freight (7) Gaver"ffient and easting, or c g: ffieta4s, rail yar-&. buildings and f4eilities. junkyards,(6) (9) Grain and feed elevatef-s and mills, auto wrecking and storage, and salvage yar(44) Alantifkturing, (13) Afinistarage. heavy. (44) Outdoor storage area aeeessory to prineipal tise. that! PON ■�Y�7!!�!ll��f-fRS�ffE!!7:�!EliTl4ilff4l�!�!�!!!5_ . _ - _ �1�� • Last Updated March 2014 PowIRIa a NAT--UPEl Str-ikethrettghs to be removed Underlines to be added (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. 30-129542-94. - 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). p a W I H I a 0 ATVP Last Updated March 2014 Str-ikethreughs to be removed Underlines to be added a. Light ffiftntl&eVarifir. d. Mail order operatiefits-, fi Sher-buffie County fair, h. Showroom space. i. Repair and , (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 segL (7) Structures, accessory (provided the materials are the same as those of the existing principal structure). (1) Off street Par -king lots ar- fffeilifie-S, (4) Retail sa4es, provided the foHawing eanditions are met! p 0 w F R I I 6r AfURE Last Updated March 2014 (d) Str-ikethrettghs to be removed Underlines to be added ME I MR Iffill I I ''I I In'l III 1 111 lip (5) Ther -al ge when aff-ered within the confines of a medical or chifopfactic elinie. (6) Sig+ts as per-fnitted ift seetiaii 30 854 et seq. 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; o a. Hedge material must be at least three feet in height. Last Updated March 2014 p a W I R I a 0 NAT--UPEI Str-ikethrettghs to be removed Underlines to be added 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 vinlpanels. b. Wood. (8) Storage tanks aboveground). (9) Warehouse sFace exceeding 50 12ercent of the total building floor area u12 to a maximum of 65 percent). (1) Aeeessor-y stfuettire (3) Voeationa4, technical (4) Loading areas�overheftd (5) Abe-eeg-round storage provided the matefials are the same as those of the existing principal and trade schools. doors when located in front yar tafilts. (6) Goverfiffient buildings (7) Motor vehicle repair and facilili— shops, provided that they meet the following conditions: (8) GavernfnefitA (11) Outdoor storage, provided the storage area! Last Updated March 2014 p a w I R I a 0 NAT--UPEI Str-ikethrettghs to be removed Underlines to be added ff. An earth berffi of suffieient height to provide an effeetive ser-een throughattt, (e) Additional standards. The following additional standards apply in the BP district: (1) Loading paces 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 orground electrical equ pment; signs. Last Updated March 2014 p a W I H I I I NAT--UPEI Str-ikethrettghs to be removed Underlines to be added 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 Il 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/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 Last Updated March 2014 p 0 W F R t I I NATWPEI Str-ikethrettghs to be removed Underlines to be added 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 thereo�, 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. Last Updated March 2014 p a W I H I a 0 NATWPEI Str-ikethrettghs to be removed Underlines to be added (3) Gar -ages and sheds, ifieluding ffietal sldfified . (5) Private kefinels. Last Updated March 2014 p a w I R I a 0 NAT--UPEI , > > to prevent seattes=fie S-1 —es as f0ftds afid road fnaintefiance, and peliee and fire • (1) Agfietth-drA (2) Publie parks, (4) HertietAtural (6) Single f�ffiily uses (&e aer-e plw�grotinds uses. d-welhfT-s7. ffiiniffithna lot and open • (10) T-fuelt (42) Bed and "aetor and,lof- "ailer breakf�sts establishments parking (non shah platted par -eels five be aRowed as a aeres in permitted use, subject tl-- SAW plan review, 111fo-eided the use eomplies with the foil t, (3) Gar -ages and sheds, ifieluding ffietal sldfified . (5) Private kefinels. Last Updated March 2014 p a w I R I a 0 NAT--UPEI Str-ikethrettghs to be removed Underlines to be added (d) Gndifional ffs&.f. Conditional uses in the A 1 dis"iet are as follows: (1) Go ,.1r-eefeational t :1: (2) caffiPgr-ounds. (4) insfiedtionaluses. (5) Roadside sales stands, (7) ceffietefies and memorial gardefts, (8) Gonditional home (10) Business and professional offiees. (14) Temporary mobile homes consistent with subdivision 1 of division 5 of this article, (42) Licensed day care facilities for 13 or more children in instituti0flal beAdifigs. (44)Tr->:rely-tr-aetef- and,lertrailer- par -king (platted pareelrer- pa eels less five see} (46) Goopef-ative garde—i-5 4. rl-lffved open SP (18) Private stables in presefved open space. a. The use is aft unplafted proper-ty. b. sereenifIg of Outdoor- stoizage areas is provided if the atltdooy- stoy-ffge area is Within 50 feet of a property hae.- 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). POWERED 0 ATVP Last Updated March 2014 INI Str-ikethrettghs to be removed Underlines to be added (2) Public Parks (c) Accessory uses. Accessory uses in the AR district are as follows: (1) Parking lots. (2) Private recreational facilities (3) Structures,accessory C5 I (d) Conditional uses. Conditional uses in the AR district are as follows: (1) Agricultural research facilities (2) Agricultural 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) Pw pose. (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. p a W I H I a 0 ATVP Last Updated March 2014 Str-ikethrettghs to be removed Underlines to be added (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 (c) Accessory uses. (1) Parking lots. (2) Signs as permitted in section 30-851 et sec (3) Structures, accessory. (4) Wayside stands (in preserved open space). (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 gardeningCin 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. p a W I R I a 0 ATVP Last Updated March 2014 Str-ikethrettghs to be removed Underlines to be added (2) k . AsphaR and eoner-ete plant. (10) Business and pr-ofessional offiees with a ffiftmiffiufn gross floor (42) Private stables in pfesefved open spaee. area of 40,000 squar-e feet. storage,(5) (43) Wayside stands in pr-esefved open space. (4 4) Outdoor provided accessory to a permitted,conditiefial, or 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 Last Updated March 2014 p a W I H I a 0 NAT--UPEI �Lsl a -j s Ln .i Ln I& dnD x x x E N x O x x x x 4-j 0 x Aaossax)v dnD x x x x x x x x x x x x x x Aaossax)v O .7 v '� O + m cn , p u — N N E E C6 N O N O oC +j O p U c� E O c + E U LU N U 2 U p Q w H H H Lj m p p cn a cn a cn a cn a m U U U p Q U " cv m�t Ln �� x m 0 N m Tt N EA w iver Ordinance 18 - Stfikethfoughs to be removed Underlines to be added 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. Last Updated March 2014 Stfikethfoughs to be removed Underlines to be added (15) Retail sales. fesidential structure, subject to site plan re"iew, pro-,q—ded the ttse complies with following C 'Lelia. b. Off street parking C. Signage shaR be lifnited shaR be provided to one on an ffeestanding existing dfivewar. sig -ft, no, lo exceed four feet in height aftd eight square feet in shaR not be illufninated-. size, and one waR sig -ft not to exceed four square feet in size. Sig-fis e. The proposal shaR if the proposed bed above cr4teria, it will (I!) Physical recreal,on or tratnfng. comply with and breakfast require a aR buMng business conditional and fire code does not comply with one or move of the ttse pe (12) Brewer taprooms producing less than 10,000 barrels of malt liquor anntta4y. (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 sec. (4) Structures, accessory (1) Sig-fis as permitted in section 30 851 et seq. Last Updated March 2014 Stfikethfoughs to be removed Underlines to be added (2) Off street parking facilities. (3) Off street loading facilities. (4) Telephone booths. (5) Pfivate recreationa4 facilities. (6) Public shelters and essential sefvices. (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. (90) Residential, multiple-famh (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 haRs. (2) Licensed day care facilities. (4) Motor vehicle sefvice (5) Commefeial parking lots and ramp-�,-. (6) Altdtiple family dwellings, provided that busines s/ commercial ttses occupy the g-rottftd floor below the residential ttse. Last Updated March 2014 Stfikethfoughs to be removed Underlines to be added (14) Produce markets. (15) Sauna establishments.. (16) Manufactured home parks as defined in Afinn. (17) Goveffimental offices, Stats. 5 327.14, sttbd. . (18) Brewer taprooms producing 10,000 or move baffels of maft liquor annttallr. (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 professiona4 offices. (2) Outpatient heafth care faci4ities. (3) Persona4 sefvice establishments. (4) Public pftfks-. Last Updated March 2014 Stfikethfoughs to be removed Underlines to be added (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 sec. (8) Structures, accessory. (1) Sig-fis as permitted in section 30 851 et seq. (2) Off street parking facilities. (3) Off street loading facilities. (4) Telephone booths. (5) Pfivate recreationa4 facilities. (6) Public shelters and essential sefvices. (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. (3) Single family dwelliftp, (4) Financia4 institutions. (6) Boardinghouses. (8) Sauna establishments.. (9) Goveffimenta4 offices, (10) Accessoty structures associated with single family d-wel4ffg-s-. Last Updated March 2014 Stfikethfoughs to be removed Underlines to be added (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. (6) Dry cleaning establishments. (7) Financial Institutions. (8) Firearms, sale of (9) Funeral homes. (10) Garden centers. (11) Hotels. (12) Liquor establishments, on -sale. (13) Motels. (14) Motor vehicle service stations. (15) Motor vehicle sales (maintenance and repair prohibited. (16) Personal service establishments. (17) Physical recreation and training_. (18) Produce markets. (19) Public parks. (20) Restaurants, class I (21) Restaurants, class II Last Updated March 2014 Stfikethfoughs to be removed Underlines to be added (22) Retail sales. markets,(1) Business and professional offices. (2) Retail shops and stores. (3) Personal sefvice establishments. (4) Nttrser4es, produce and garden centers, which may include outdoor display, (5) Convenience (7) Financial institutions, (8) Sale of firearms. (9) Class 1 restattrants. (10) Class 11 restattrants. (11) Physical recreation and "aining. (12) Brewer taprooms producing less than 10,000 barrels of maft liquor anntta4y. (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) Sig-fis as permitted in section 30 851 et seq. (2) Off street parking facilities. (3) Off street loading facilities. (4) Telephone booths. (5) Pfivate recreational facilities. (6) Public shelters and essential sefvices. (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. (3) Equipment rentals. (4) Governmental facilities. Last Updated March 2014 Stfikethfoughs to be removed Underlines to be added (5) Institutional uses. (6) Landscaping Contractor Yards. (outside of the Urban Service District) (7) Liquor establishments, off -sale municipally owned). (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 sales. (13) Motor vehicle specialty service stations. (14) Pawnshops (15) Saunas, steam baths, and heat -bathing rooms. (16) Shopping centers. (17) Veterinary clinics. (1) Enclosed light manufactur4ng with related reta4l saks. (2) Car, "ttek, RV, and marine saks and sefvices. (3) Nonprofit clubs, (4) Licensed day (5) institutiona4 (6) Equipment renta4 (7) Commefeial lodges, care fadities. uses. businesse-1. recreationa4 establishments. sefvice specialty or haRs.- facility. s'- —ns. shops. (9) Shopping centers. (10) On sak liquor (12) Veter4naty clinics. (13) Cafwashes, (14) Resefved-. (15) Motor vehicle (16) Motor vehicle (17) Sauna establishments.. Last Updated March 2014 Stfikethfoughs to be removed Underlines to be added schools,(19) Paw-fishops (250 property line�. (20) Hotels and motels. foot setback f7fom any residential zone and 500 foot setback ffo.M.. > (21) Resefved-. (22) Development (23) Afinistorage, (24) Dty cleaning of property within 50 feet of the provided that the ttse is on unplatted establishment. wild and scenic fiver dis 1-1- 1. land outside the ttrba-n sefvice dis (25) Goveffimental (26) Brewer taprooms (27) Aficrodistil4eries. offices, producing 10,000 or more baffels of fflaft liquor annual1r. (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. establishments,(1) Convenience retail sales of goods and sefvices. (2) Dty cleaning and laundty establishments. (3) Personal sefvice and repair such as barbershops and beattty shops, sho (4) Printing shops and publishing sh"p-s-, (5) Class 1 restattrants. (6) Physical recreation and "aining. Last Updated March 2014 Stfikethfoughs to be removed Underlines to be added 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 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 (t) 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. Last Updated March 2014 W I ML M�% M7 =1`77 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 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 (t) 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. Last Updated March 2014 Stfikethfoughs to be removed Underlines to be added (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-faink (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 sefvice establishments. (5) Outpatient heafth care facilities. (6) Altdtiple family d-wel4ings provided that busines s/ commercial ttses at street level occup the fl (7) Hotels. (8) Restattrants, (Class (10) Physical recreation and "aining. (11) Brewer taprooms producing less than 10,000 barrels of maft liquor annttally. (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 sec. (1) Off street parking facilities. (2) Off street loading facilities. (3) Telephone booths. (4) Pfivate recreational facilities. Last Updated March 2014 Stfikethfoughs to be removed Underlines to be added (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 annuall (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 haRs. (13) Produce markets. (14) Sauna establishments.. (15) Dty cleaning establishment. (16) Goveffimental offices, (17) Brewer taprooms producing 10,000 or move baffels of maft liquor annttallr. 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: Last Updated March 2014 Stfikethfoughs to be removed Underlines to be added 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. (6) Light maffitfactur4ng. (7) Water/sewage treatment, municipality ow-fied and operated, and provided wr4tten notice Must be sent to aR property ow-fiers "thin 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 identifng the retail sales is visible from the outside of the building. (4) Signs as permitted in section 30-851 et sec (5) Structures, accessory. Last Updated March 2014 Stfikethfoughs to be removed Underlines to be added a. The retail sa4es activity is not located in an administrative office facility, but is located within a business, the pr4ncipal ttse of which b. The retail sales activity does not occupy move of the occupied qttartei�-,. c. The retail sales acbvi-Ly- is accessoty to the pr4ncipal d. No sig -ft identifying the retail sales is visible is no, commereffl] sales. than 15 percent of the gross floor are -a ttse. ffom the outside of the buMng. (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) 1Vlicrobreweries. (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 cit,r''ss perspective to have a 24 -hour -a -day caretaker or securityperson reside on the property b. The proposed dwelling unit is designed for and will be used exclusivelyby caretakers or securitypersonnel 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. The nronosed dwelling unit meets all other reauirements of this Code and Minnesota Uniform Building Code for occupancy as a dwelling unit by family. The city R 0 W I R E 0 R T Last Updated il7asch 2014 INATUREJ Stfikethfoughs to be removed Underlines to be added council may, if it finds it necessary to do so for the protection of the health, safe 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 proper changes or the ownership of either the property or the principal use of the proper changes. (2) Single family residential dweRing unfits accessoty to pfincipal uses, provided that: MEN 1 01 M III,! il I 111 11111111 111111 11111 111 111,! 111111 1 11111 c. The proposed buMng unit will be occupied by no move than two persons, neither Of whom may be under 18 years of age, d. There wiJ4 be only one dwefling unit per lot or, if one pfificipa4 use is located o1g. severa4 adjoining lots, per pr4ncipa4 use. e. The proposed dwefling unit wiJ4 not exceed 800 square feet in size and wiR be located within a buMng sefving the principa4 use of the property which is no less than 10,0 Last Updated March 2014 Stfikethfoughs to be removed Underlines to be added (6) Broadcasting studios and facilities, (7) Truck and implement sa4es. (8) Commefeial kennels �ndoo�. (9) Bus storage. I�s�ot to exceed ten buses, unless the property has direct access to an artefial o col4ector street-. (10) Dty cleaning establishment. (11) Goveffimental offices, (12) Commefeial recreation facility. (14) Brewer taprooms. (15) Aficrodistil4eries. (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 § 30-1293,1-2 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 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) AEcrobreweries. (7) Motor vehicle repair shops. (8) Research and development facilities. (9) Warehouse spaces. (10) Wholesale businesses. Last Updated March 2014 Stfikethfoughs to be removed Underlines to be added (2) Wholesak businesses, (3) Light ma-nufactufifig, (4) Wail (5) Auto repair shops. (6) Botthng and distr4bution. (7) Research and desig-ft faci4ities. (8) Medical, dental and optical labs. (10) Dty cleaning establishment. (11) Aficrobrewer4es. (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 sec (4) Structures, accessory. (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) Rail, a (12) Signs, advertising (in accordance with section 30-875. (13) Truck terminals. Last Updated March 2014 Stfikethfoughs to be removed Underlines to be added (1) Concrete /I asphaft products and pfocess.4-18g. (3) Manufacturing, (5) Freight and heavr. rail yards, (6) Truck tefffiina4s. (7) Aleat or fish (8) Bus, "ttek and (9) Temporaty (10) Government (12) Governmental (13) Advertising (14) Brewer taprooms. packiffg, implement structures.??? buMngs and offices. sig-fis (billboards) storage, maintenance and repair. facilities. in accordance with section 30 875. (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. 30-42-9-51294. - 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. Last Updated March 2014 Stfikethfoughs to be removed Underlines to be added (1) Offices, (2) Wholesak businesses, (4) Wail (5) Auto repair shops. (6) Bottling and distr4bution. (7) Research and desig-ft faci4ities. (8) Medical, dental and optical labs. (9) Dty 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 identifng the retail sales is visible from the outside of the building. (3) Signs as permitted in section 30-851 et sec. (4) Structures, accessory. (1) RetaA sa4es, provided--. a. The reta4l sa4es activity is not located in an adfninistrative office facility, but is located within a business, the pr4ncipal ttse of which b. The retail sales activity does not occupy move of the occupied qttartei�-,. d. No sigfi identifying the retail sales is visible ffom is no, commereffl] sales. than 15 percent of the gross floor are -a the outside of the buMng. (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. Last Updated March 2014 Stfikethfoughs to be removed Underlines to be added (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) Rail, a (15) Rec,r� cling processing centers. (16) Salvage , a (17) Sexually -oriented land uses. (18) Single-family residential dwelling units accessoryprincipal 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 cit,r''ss 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 caretakers or securitypersonnel 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 family. The city council mai if it finds it necessary to do so for the protection of the health, safety and welfare of persons who may occupyproposed 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 proper changes or the ownership of either the property or the principal use of the proper changes. Last Updated March 2014 Stfikethfoughs to be removed Underlines to be added (19) Truck terminals. > • (4) Concrete/asphaft products and processf.—T. e.g., . > Freight and (7) Government • rail yards, buMngs and facA46--s. (8) Governmental junkyards,(6) (9) Grain and offices. feed elevators and mills, > and salvage yar (12) Aleat or (13) Afinistorage. fish packifig, (14) Outdoor (15) Recycling (16) Single family storage area accessoty to processing cenl-- residential d-wefling units pr4ncipal use. accessoty to pfinecipal uses, provided • C. The proposed dwefling unit wiJ4 be occupied by no move than two persons, neither -fff whom may be under 18 years of age, d. There shaR be only one d-wefling unit per lot or, if one pr4ncipa4 use is located severa4 adjoining lots, per pr4ncipa4 use. e. The proposed dwefling unit wiJ4 not exceed 800 square feet in size and WiR be lo within a building sefving the principa4 use of the property which is no less than 10,0 Last Updated March 2014 Stfikethfoughs to be removed Underlines to be added (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. 30-12954. - 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 Coun Fair. (6) Office/Showroom spaces. (7) Warehouse spaces not exceeding 50 percent of the entire building). Last Updated March 2014 Stfikethfoughs to be removed Underlines to be added a. Light Manufactufiffg, b. Research and development laboraILO-- C. Business and professiona4 offices, d. Mail order operatioff�-. f Sherburne County faii�. g. Warehouse space not exceeding 50 percent of the entire buMng. h. Show-foom space. i. Repair and maintenance, excluding att-Lo . (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) 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 identifg 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) Signs as permitted in section 30-851 et sec (6) Structures, accessory (provided the materials are the same as those of the existing principal structure). (1) Off s"eet parking lots or facilities. (2) Pfivate recreationa4 facilities. (3) Public shelters and essential se (4) Reta4l sales, provided the fol4owing conditions are met: MEN Last Updated Nforch 2014 (d) Stfikethfoughs to be removed Underlines to be added size,C. The retail sales activity shaR be related and sUbordinate to the pr4ncipal ttse. d. No sign identifying or promoting that retail sales ocettv within the buMng shall b -e visible ffom outside the buMng. e. Freestanding retail shops and stores shaR be limited to those which complement ot ttses within the business park and provide a sef6ce to those other businesses, and sh not exceed 20,000 square feet in manufactured,f Retail/wholesale sales incidental to products of warehott assembled, on the premises may be permitted as an accessoty ttse provided no move than te percent of the buMng is ttsed for retail/wholesale sales. (5) Therapett-ftic massage when offered within the confines of a medical or chiropractic clinic. (6) Sig-fis as permitted in section 30 851 et seq. (7) Cocktail rooms. 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) 1Vlicrobreweries. (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 fuaished 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 proper ; 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, overstor)Land ornamental trees of sufficient width and density; or a. Hedge material must be at least three feet in height. Last Updated March 2014 Stfikethfoughs to be removed Underlines to be added 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) Accessoty structure (2) Warehouse space exceeding of 65 percei-w (3) Vocationa4, technica4 (4) Loading areas/overhead (5) Aboveg-round storage provided the matefiab are the same as those of the existing pr4neip 50 percent of the tota4 bt@ding floor area ttp to a and trade schools. doors when located in ffont yan tanks. (6) Government buMngs (7) Motor vehicle repair and faci4ifti--s. shops, provided that they meet the fol4owing conditions: (8) Governmenta4 offices. (11) Outdoor storage, provided the storage area: Last Updated March 2014 Stfikethfoughs to be removed Underlines to be added b. Complies with the accessoty structure setback requirement applicable to the propeftr, ftftd ff. An earth berm of sufficient height to provide an effective screen throughout the year; or (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) Durnpsters 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 orground electrical eguprmnt, signs. Last Updated March 2014 Stfikethfoughs to be removed Underlines to be added 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/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 Last Updated March 2014 Stfikethfoughs to be removed Underlines to be added 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. 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. 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. 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. Last Updated March 2014 Stfikethfoughs to be removed Underlines to be added (a) Pwpose. The a0cultural consefvation distr4ct is established for the purpose of , promolu,ng> maintaini g, and enhancing the use of land for commercial a0cultural purposes, tO prevent scattered and leap f7fog nonfaifn growth, and to protect expenditttres for such public sefvices as roads and road maintenance, and police and fire • (1) Agr4culfural (2) Public parks, (3) Facilities for (4) Horticultural (5) Golf courses (6) Single family (7) Alodel homes uses (five acre playffounds flood and erosion uses. and cottnt�-y d-wel4ffgs-. in compliance minimum lot size�. and open • control. clubs. with section 30 8044. (8) Licensed day (10) Truck "actor (11) Open space (12) Bed and care facilities and/or trailer presefvation breakfasts establishments for 12 or fewer children. parking (non platted parcels five development plats �esidential cluster4ng). shaR be aRowed as a acres in size or permitted use, subject to plan review, provided the use complies with the fol4owfing • b. Off s"eet parking shaR be provided C. Signage shaR be limited to one ffeestanding on an existing dfivewar. not to exceed four feet in height aftd shaR not be illuminated, d. The ex-Leff'or appearance of the structure L Lo exceed four square feet in size. Sig-fis shaR not be aftered from its single family e. The proposal shaR comply with A buMng if the proposed bed and breakfast business above cr4ter4a, it will require a conditional (1) Accessoty farm structures. and fire code does not comply with one or more of th-e use pe i (2) Public shelters and essential se nl— (3) Garages and sheds, including metal skinned (4) Pr4vate recreational facilities. (5) Pr4vate kennels. • Last Updated March 2014 Stfikethfoughs to be removed Underlines to be added (1) Commercial recreational facil4ft--s. (2) Campgrounds. (3) Feedlots, (4) institutional ttses. (5) Roadside sales stan& (6) Veter4naty clinics and commercial kennels. (8) Conditional home occupal'— (10) Business and professional offices. (11) Temporaty mobi4e homes consistent with subdi-v4sion 1 of di-v4sion 5 of this article, (12) Licensed day care faci4ities for 13 or move chi4dren in inst-ittttiona4 buMngs. (13) Agr4cultura4 ttses �ess than five acre lot size). (14) Truck tractor and/or "ailer parking (platted parcels or parcels less than five ffi size), (15) kMnd generators. (16) Cooperative gardeningin presefved open space. (17) Horticulture and flor4culture sefyices fin presefved open spm -e, (18) Pfivate stables in presefved open space. (19) Wayside stands in Presefved open space. (20) Landscaping COIAMCtOf S yard provided that: a. The ttse 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) Cemelenies 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). U Last Updated il7asch 2014 Stfikethfoughs to be removed Underlines to be added (2) Public Parks n MR. awio�aQs���aQ=o (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 accessoty to a single f�� dwelhng 15* (d) Conditional uses. Conditional uses in the AR district are as follows: (1) Agricultural research facilities (2) Agricultural 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. Last Updated March 2014 Stfikethfoughs to be removed Underlines to be added (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. (c) Accessory uses. (1) Parking lots. (2) Signs as permitted in section 30-851 et sec (3) Structures, accessory. (4) Wayside stands (in preserved open space (d) Inten'M uses. Interim uses shall be permitted for no more than five years, or when the property is platted, whichever 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. Last Updated March 2014 Stfikethfoughs to be removed Underlines to be added kMnd generators. (5) Asphaft and concrete plant. (6) Other ttses exfsIftng as of the date of this article. - (7) Commercial recreations facilities. (8) Veter4naty clinics commercial kennels. (9) Conditional home occupalfton. (10) Business and professional offices with a maximum gross floor (12) Pfivate stables in presefved open space. area of 10,000 square storage,(2) (13) Wayside stands in presefved open space. (14) Outdoor provided accessoty to a permitted, conditional, or 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 19th day of March, 2018. ATTEST: Tina Allard, City Clerk Last Updated March 2014 John J. Dietz, Mayor City of City of Elk River Elk City Council River Resolution 18- A Resolution of the City of Elk River approving notice of summary publication of Ordinance No. 18-, an Ordinance Amending Chapter 30, Sections 30-1022, entitled "C- I central business district"; 30-1023, entitled "C-2 office district"; 30-1024, entitled "C-3 highway commercial district"; 30-1025, entitled "C-4 community commercial district"; 30-1026, entitled "DD downtown district"; 30-1292, entitled "I- I light industrial district"; 30- 1293, entitled "1-2 medium industrial district"; 30-1294, entitled "BP business park district"; 30-1295, entitled "1-3 general industrial district"; 30- 1562, entitled "A- I agricultural conservation district"; 30-1565, entitled "AR agricultural research district"; and 30-1583, entitled "CRT commercial reserve transitional district", of the City of Elk River, Minnesota, City Code WHEREAS, on March 19, 2018, the Elk River City Council adopted Ordinance No. 18 -- amending Sections 30-1022, entitled "C-1 central business district"; 30-1023, entitled "C-2 office district"; 30-1024, entitled "C-3 highway commercial district"; 30-1025, entitled "C-4 community commercial district"; 30-1026, entitled "DD downtown district"; 30-1292, entitled "I-1 light industrial district"; 30-1293, entitled "I-2 medium industrial district"; 30-1294, entitled "BP business park district"; 30-1295, entitled "I-3 general industrial district"; 30-1562, entitled "A-1 agricultural conservation district"; 30-1565, entitled "AR agricultural research district"; and 30-1583, entitled "CRT commercial reserve transitional district"; and WHEREAS, Minnesota Statutes, Section 412.191, Subd. 4 allows publication by title and summary in the case of lengthy ordinances; and WHEREAS, the City Council finds that the following summary will clearly inform the public on the intent and effect of Ordinance No. 18-_; and WHEREAS, a copy of the full text of Ordinance No. 18 --is available for inspection by any person at the office of the Elk River City Clerk, 13065 Orono Parkway, during regular business hours — 8:00 a.m. to 4:30 p.m., Monday through Friday. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, as follows: That the City Council, by at least four-fifths votes, authorizes publication of the title and the following summary of Ordinance No. 18-_. Public Notice During their March 19, 2018, meeting, the City Council adopted Ordinance No. 18-_, an ordinance amending Sections 30-1022, entitled "C-1 central business district"; 30-1023, entitled "C-2 office district"; 30-1024, entitled "C-3 highway commercial district"; 30-1025, entitled "C-4 community commercial district"; 30-1026, entitled "DD downtown district"; 30-1292, entitled "I-1 light industrial district"; 30-1293, entitled "I-2 medium industrial district"; 30-1294, entitled `BP business park district"; 30-1295, entitled "I-3 general industrial district"; 30-1562, entitled "A-1 agricultural conservation district"; 30-1565, entitled "AR agricultural research district"; and 30-1583, entitled "CRT commercial reserve transitional district" In summary, Ordinance No. 18-_ makes the following changes to the aforementioned sections of the city code: 1. Incorporation of definitions approved with Ordinance No. 18- — for permitted, accessory, and conditional uses in the aforementioned sections. 2. Combine like uses. 3. Remove uses no longer relevant or those that have been determined not to be the highest and best use with a given zoning district. 4. Shift conditional uses, not anticipated to negatively affect the public health, safety, and general welfare of the residents, to permitted uses. 5. Alphabetize uses within each of the respective zoning districts. Passed and adopted this 191h day of March 2018. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk i ti. Item 7.3 Ordinance AmendmentZoning Districts Zoning Districts Simplify Tie Help business developmentReducing CUP’sback to a the city definition–code Why?–easier to read, alphabetized, Background PC Work session Unanimously recommended approvalPC Meeting February 27, 2018-January 23, 2018 Background Remove ARemove Commercial Recreation from Industrial DistrictsRemove Institutional Uses from DDRemove CPC supports theseAdd to residential zoning districts? (schools)PC consensus was to strive for employmentPC Worship, education, inpatient health caresupported --4 and rezone to C1 and rezone to CRT this-3 (May or June(May or June)) Major Changes Adopt, by motion, an ordinance amending Sections 30of Ordinance No. 18Adopt, by motion, a resolution for summary publication 1293, 301022, 30--1023, 301294, 30--1024, 301295, 30.--1025, 301562, 30--1026, 30-1292, 3030-1583-- Action Requested The Iother and with surrounding land uses.other pollutants. These industries shall be compatible with each objectionable elements such as noise, odor, dust, smoke, glare, or usesareas are intended to sewer and water, and distance from residential districts. These thoroughfares, the full complement of urban services such as similar industrial uses district is appropriate for industrial uses which are clean, quiet, and free of hazardous or -1 district shall serve as a transition between and residential and other business uses. This encourage the development of industrial because of access to warehousing, manufacturing, warehousing, and more Purpose Industrial use goods, products, commodities, or other wholesale items. production, manufacture, warehousing, storage, or transfer of means the use of land or buildings for the Definition