Item 2 • Item # 2
Elk
River
MEMORANDUM
TO: Planning Commission
FROM: Chris Leeseberg, Planner Ce
DATE: July 8, 2003
SUBJECT: Case No. CU 03-16
Lynn Lofgren - Montessori School
Request
Lynn Lofgren requests a Conditional Use Permit to operate a Montessori School.
• 60-Day Rule
To comply with the 60 day rule,without an extension,this item needs action by July 18,
2003.
Location
1118 4th Street NW
Lots 9-14 Block-3 Houlton's Addition
Attachments
• Location Map
• Applicant's Letter
• Brochure
• Site Plan
• Floor Plan
Zoning/Land Use
R-lc, Single Family Residential/MR,Medium Density Residential
•
Planning Commission/CU 03-16
July 8,2003
Page 2
• Standards for Issuance of a Conditional Use Permit
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed
location:
1. Will not endanger,injure or detrimentally affcot the use and enjoyment of other property in the
immediate vicinity or the public health,safety,morals,comfort,convenience or general welfare of the
neighborhood or the city.
2. Will he consistent with the amprohiensire plan.
3. Will not impale the normal and orderly development and improvement of surroundingvacant
fly
4. Will he served adequately by and will not ackersely affat essential publicfacilities and services
including streets,police and fire protozoan,drainage,refuse disposal,Tarter and sewer systems,parks
and schools;and will not,in particular,create traffic congestion or interference with traffic on
adjacent and neighboring publk thoroughfares.
5. Will not inz lte uses,activities,processes,materials,equipment and conditions of operation that will
he detrimental to arty persons or property because of excessise traffic,noise,smoke,frames,glare,
odors,dust or vibrations.
6. Will not result in the destruction,loss or damage of a natural scenic or historic feature of major
importance
7. Will fully comply with all other requirements of this Corte,induding any applicable requites
and standards for the issuance ofa license or permit to establish and operate the proposed use in the
ci
SIf denial of such a permit should occur,it shall accompany recommendations or
determinations by findings or a report stating how the proposed use does not comply with
the standards set forth in section 30-654.
Analysis
The applicant would like to operate a Montessori School in the Union Congregational
Church. The applicant will be utilizing 900 square feet of space in the basement of the
church. The school would be staffed by two employees and the number of students using
the facility will be 20,ranging in age from 3 years to 6 years old.
The school will be in operation during the months of September through May. The hours
of operation will be 9:00 am to 11:30 am Monday through Friday.
Parking and Circulation
Access to the Montessori school will be from either 4th Street or Norfolk Avenue.
According to the Ordinance,the facility would require one parking space per teacher or
employee,plus one space per 12 individuals receiving care. This would result in 3-4 stalls
required for the school. The request meets the requirements.
•
S:\PLANNING\Case Files\2003\CU 03-16 Lofgren Montessori\CU03-16_PC.DOC
Planning Commission/CU 03-16
July 8,2003
Page 3
• Recommendation
Staff recommends that the Planning Commission recommend approval of the Conditional
Use Permit to operate a Montessori School with the following conditions:
1. IF MORE THAN A TOTAL OF 4 EMPLOYEES ARE TO BE ON SITE,
THE APPLICANT SHALL APPLY FOR AN AMENDMENT TO THE
CONDITIONAL USE PERMIT.
2. IF MORE THAN A TOTAL OF 30 STUDENTS ARE TO BE ENROLLED,
THE APPLICANT SHALL APPLY FOR AN AMENDMENT TO THE
CONDITIONAL USE PERMIT.
3. MAINTAIN STATE LICENSE.
This item will need to be extended another 60 days as the action date of July 18, 2003 is
prior to the July 21, 2003 City Council meeting.
.
S:\PLANNING\Case Files\2003\CU 03-16 Lofgren Montessori\CU03-16_PC.DOC
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_ - New children have an orientation program, Children at "My Own Montessori"will:
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vincluding 2-3 visits, to make their beginning
f --learn the letter sounds and begin to read.
� ��� � , very comfortable for them and to give our
'` , teachers ample time to get to know each child
A — --go as far as they can in mathematics using
v• , personally. manipulatives. The Montessori materials are
iIVIOwn ungraded and the sky is the limit!
Montessori We are in frequent contact with parents of our
Que..RiVoz.MN students, encourage parents to visit classes, --be exposed to science and nature activities.
and have conferences and meetings throughout This is a big interest area of our head teacher,
the year. Lynn Lofgren.
We are a new Montessori preschool and Kindergarten in the Elk R.lf
River area. -f-',. r
• /4 rr -enter Into a peaceful environment full of
•
�• r-- ,- - . laughter,good humor and fun.
Ages: 3 6,including kindergarten £t . - 9
Class Times: September-May { ' -•;r•At
••: 0: i Irk ' --be exposed to a peace education curriculum,
Mon-Fri 9:00am-II:30am I i w,`3 i t ( ";
Kindness and respect for all of life will be our
Tuition: 5 days a week/S250 per mo if cornerstone.
Umitcd spots available fbr part-time:
3 days a weeki3200 per ma —be social in a learning environment. The child
2days aweeki$i50per mo In 1870 Maria Montessori was born in
Chiravalle, Italy to an educated middle class is the center of learning and instruction is one on
Teacher/Owner: Lynn Lofgren one, or in very small groups.
B.S.• Univ ofMN,1978 family. Despite conventionality, she
Elementary Education graduated from medical school with the PLP ASE. CALL -OW— ie//
highest honors,receiving a medical degree at `y""
Montessori Certified ' [012. 4N APPOINTMUIT
Southwestern Montessori age 24. Montessori went to work in the
TO VI,51T OUR. .5cLlooU
Training Center University of Rome's psychiatric clinic with
Thank you for your inquiry into My Own Montessori. the "ineducable." Later she was appointed as - �,
Choosing a school for your child is one of the most important the Government Inspector of Schools. She `� '
decisions you will Iyer make. °%•4;',:if
had one child, Mario who her work. E4:'
supported .r
Our experience,dedication to children,and commitment to the She was nominated for a Nobel Peace Prize.
teachings of Dr.Maria Montessori have created an environment Eventually, she left Italy and resided in the ;' 3
ideally suited to young children. Our teachers are well-educated, i• `'.'
loving,and patient. References available upon request. Netherlands until her death in 1952. 3. .,;. r''.
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• . Item #
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-�-,
River
MEMORANDUM
TO: Planning Commission
FROM: Michele McPhersoioi'i;'Director of Planning
DATE: July 8, 2003
SUBJECT: Review Outline of Draft Business Park Ordinance
Attachment
• Draft Business Park Ordinance
• As we have discussed the past two months, staff has prepared changes to the Business Park
District Ordinance. We have removed the reference to the underlying Land Use of Highway
Business and have added as Conditional Uses daycares,Montessori Schools, and Class I (sit-
down) restaurants. Outdoor storage has been added as an Accessory Use. We made no
changes to the design standards, as we have heard from the market they are not a detriment
to siting a client in Elk River. We are also proposing to change the minimum lot area
requirement to one acre,reduce the rear yard setback to 20 feet (consistent with the other
two industrial districts), and to increase the height to 50 feet.
Staff requests that the Commission provide input to these changes. Specifically,staff
requests that you discuss the pros and cons of the changes and any other conditions,which
should be included for the regulation of daycares,Montessori Schools, restaurants, and
outdoor storage in this district.
•
S:\PLANNING\Michele McPherson\PLREPRTS\5-13 Bus Pk Ord.doc
Key:
Strikcthrough = language to be deleted
• Sec. 30-1294. BP business park district. Underline = language to be added
(a) Purpose.
(1) The business park district is established to encourage a planned,integrated
environment for certain industrial, office, and commercial uses,which are
lif=3 compatible with and complement each other as well as the surrounding land
alb
uses. The underlying land use designation within the district may vary and may
U�17 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
CCcommercial uses are allowed where the land use designation is highway business.
�_0 (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) Permitted uses allowed when the underlying land use i3 light industrial are as
follows:
a. Light manufacturing.
• b. Research and development laboratories.
c. Government,business, and professional offices.
d. Mail order operations.
e. Telecommunication operations.
f. Sherburne County fair.
g. Warehouse space not exceeding 50 percent of the entire building.
h. Showroom space.
i. Repair and maintenance, excluding auto repair.
€Dhows-
a. Health athletic clubs.
b. Pcr3onal service cstablishmcnt3.
c. Financial in3titution3.
(c) Accessory uses. Accessory uses in the BP district are as follows:
(1) Off-street parking lots or facilities.
(2) Private recreational facilities. re-f")
(3) Public shelters and essential services.
(4) Retail sales,provided the following conditions are met:
a. The retail sales activity shall not be located in an administrative office facility,
but shall be located within a business, the principal use of which is not
• commercial sales.
Draft Business Park
May 6,2003
Page 2
• b. The retail sales activity shall not occupy more than 15 percent of the
gross floor area, or a maximum of 5,000 square feet of the occupied quarters,
whichever is less.
c. The retail sales activity shall be related and subordinate to the
principal use.
d. No sign identifying or promoting that retail sales occur within the
building shall be visible from outside the building.
e. Freestanding retail shops and stores shall be limited to those which
complement other uses within the business park and provide a service to
those other businesses, and shall not exceed 20,000 square feet in size.
f. Retail/wholesale sales incidental to products manufactured,
assembled, or warehoused on the premises may be permitted as an accessory
use provided no more than ten percent of the building is used for
retail/wholesale sales.
(5) Therapeutic massage when offered within the confines of a medical or
chiropractic clinic.
(6) Temporary signs as permitted in section 30-851 et seq.
(7) Permanent signs.
(8) Outdoor storage,provided that it is located in the side or rear yard, does not
exceed more than 15% of the lot, is in a clearly demarcated area, and is screened
from public view by opaque fencing, berming,landscaping, or a combination
thereof. The outdoor storage area shall not reduce the amount of required parking
. or greenspace. Items stored shall be related to the business and shall not exceed the
height of the screening.
(d) Conditional uses. Conditional uses in the BP district are as follows:
(1) Conditional uses ... . . - --- -- .. : • '. - .. _ . - . : . . 2:. are
as follows:
a. Warehouse space exceeding 50 percent of the total building floor area
up to a maximum of 65 percent.
b. Vocational,technical and trade schools.
c. Loading areas/overhead doors when located in front yards.
d. Aboveground storage tanks.
e. Government buildings and facilities.
f. Daycare and Montessori schools provided that they are located in a
freestanding building and adjacent to a collector or arterial street on the outer
edge of the business park.
g. Class 1 Restaurants provided that they are located in a freestanding
building and adjacent to a collector or arterial street on the outer edge of the
business park. Such facilities shall not exceed in lot area 5% of the net
business park land area.
fellewst
• a. Hotels and motels.
Draft Business Park
May 6,2003
Page 3
• b. Licensed day care facilities.
c. Retail shops and stores which complement and serve the business park,subject to
the standards set forth in subsections (c)(4)e and f of this section.
d. Motor vehicle specialty service stations.
c. Loading arcas/ovcrh .d doors when located in front yards.
f. Class I restaurants.
(e) Additional standards.The following additional standards apply in the BP district:
(1) Loading spaces and overhead doors.
a. Loading spaces/overhead doors shall be located in designated rear
yards and secondarily in designated side yards. Loading areas/overhead doors shall
not be located in designated front yards unless approved as a conditional use.
b. Loading spaces and overhead doors shall be designed to be
compatible with the principal building.Architectural techniques and landscaping
shall be employed to reduce visual impacts from adjacent properties and roadways.
(2) Dumpsters and refuse enclosures.
a. All dumpsters shall be completely screened from public view by using
enclosures constructed of similar material as the principal building.
b. Refuse enclosures shall include gates and be located in designated
rear or side yards.
(3) Rooftop or ground electrical equipment; signs.
a. All utility equipment shall either be:
1. Screened from the eye level view of adjoining properties by
1111 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.
Draft Business Park
May 6,2003
Page 4
• 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 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:
Draft Business Park
May 6,2003
Page 5
• 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.
(Code 1982, § 900.12(16); Ord.No. 00-11, § 1, 6-19-2000; Ord.No. 00-16, §§ 1--3, 9-18-
2000; Ord.No. 01-13, § 1, 8-20-2001; Ord.No. 02-01, § 1, 1-22-2002; Ord.No. 02-04, § 2,
4-15-2002)
Secs. 30-1295--30-1310. Reserved.
Subdivision II. Dimensional Regulations
Sec. 30-1311. Principal structures.
Principal structures shall comply with the following dimensional regulations:
TABLE INSET:
Building Setbacks
Zoning Minimum Lot Front Side Rear Maximum Maximum
District Lot Width Setback Setback Setback Lot Height
Requirements (feet) (feet) (feet) Coverage
I-1 1 acre 100 feet 30 25 20 40% 45
I-2 1 acre 100 feet 30 25 20 40% 60
• BP 1 'k acres 35 20 30 40% 45
1 acre 20 50
1 Must hook up to city sewer and water if within the city sewer district.
(Code 1982,§ 900.18(1))
•
LAND DEVELOPMENT REGULATIONS §30-1292
•
Sec. 30-1042. Accessory structure setbacks.
Accessory structures shall comply with the following dimensional regulations:
Maximum
Front Setback Side Setback Rear Setback Height Agricultural
District (feet) (feet) (feet) (feet) ces Buildings
C-1 No limits 45 0 —
C-2 15 10 10 0 —
C-3 25 10 10 35 0 —
Swimming — 0 —
pools'
1 Swimming pools shall be set back . ...• imum of eight feet from the side yard and rear yard lot lines
and must comply with the requi -: ont yard setback as per this subdivision. Swimming pools must be
completely enclosed with . • ..ague chainlink or equivalent fence at least four feet high with a lockable
gate.
(Code 1982, • •:0.18(2))
. 30-1043-30-1291. Reserved.
DIVISION 8. INDUSTRIAL AND BUSINESS (4) Wholesale businesses.
PARK DISTRICTS* (5) Medical, dental, and optical labs.
Subdivision I. In General (6) Light manufacturing.
• (c) Accessory uses. Accessory uses in the I-1
Sec. 30-1292. I-1 district. district are as follows:
(a) Purpose. The I-1 district shall serve as a (1) Retail sales, provided:
transition between more industrial uses and res- a. The retail sales activity is not lo-
idential and other business uses. This district is cated in an administrative office fa-
appropriate for manufacturing,warehousing,and cility, but is located within a busi-
similar industrial uses because of access to ware- ness, the principal use of which is
housing, thoroughfares, the full complement of not commercial sales.
urban services such as sewer and water, and
distance from residential districts. These areas b. The retail sales activity does not
are intended to encourage the development of occupy more than 15 percent of the
industrial uses which are clean, quiet, and free of gross floor area of the occupied guar-
hazardous or objectionable elements such as noise, ters.
odor,dust,smoke,glare,or other pollutants.These c. The retail sales activity is accessory
industries shall be compatible with each other to the principal use.
and with surrounding land uses. d. No sign identifying the retail sales is
(b) Permitted uses. Permitted uses in the I-1 visible from the outside of the build-
district are as follows: ing.
(1) Offices. (2) Temporary signs as permitted in section
30-851 et seq.
(2) Warehouses.
(3) Permanent signs.
(3) Research/design facilities. a. One permanent area identification
*Cross reference—Licenses and business regulations,ch. sign per neighborhood, subdivision,
4111/ 38. or development not to exceed 64
CD30:133
§ 30-1292 ELK RIVER CODE
•
square feet in sign area. The area monopole structural standard
identification sign shall be located and shall have underground wir-
on the same premises as the devel- ing.
opment it identifies. 4. The base of any advertising sign
b. One on-premises freestanding busi- must be landscaped with at least
ness sign per premises,not to exceed grass and must be properly
two square feet in sign area for each maintained.
linear foot of street frontage up to a 5. Advertising signs shall not ex-
maximum of 64 square feet. Such ceed 400 square feet in area or
signs shall not exceed a height of 20 25 feet in height as measured
feet.Where a lot has in excess of 300 perpendicularly from the height
feet of street frontage,one additional of the highest point of the sign
freestanding business sign will be structure to the grade level di-
allowed.These signs shall be subject rectly below the sign.The exist-
to the size and height limitations of ing grade may not be altered
the first allowed freestanding sign for the purpose of increasing
and may be placed no closer than sign height.
150 feet to any other freestanding 6. Advertising signs shall be con-
sign on the same premises. All free- sidered a principal use of the
standing signs shall have a mini- property. Existing advertising
mum setback of ten feet from any signs must be removed when
public right-of-way measured to any the parcel upon which they are
portion of the sign and a minimum situated is devoted to another
• clearance of eight feet above any principal use.
vehicular use area and over any pe- 7. The city shall perform a yearly
destrian use area. inspection of the advertising de-
vices to ensure compliance of
c. One on-premises business wall sign the advertising structure with
per occupancy, not to exceed two the provisions of this subdivi-
square feet in sign area for each sion and other provisions of this
linear foot of building frontage,up to article. The fee for the inspec-
a maximum of 128 square feet per tion shall be set by the city
occupancy. council by resolution.
d. Advertising signs, which shall only 8. Such advertising signs shall only
be allowed subject to the following be allowed in industrial zoned
requirements: property adjacent to the right-
of-way for State Highway Num-
1. Off-premises signs are prohib- ber 10 and State Highway Num-
ited within 100 feet of the in- ber 169.
tersection of the highway right-
of-way and any other right-of- (d) Conditional uses. Conditional uses in the
way or driveway. I-1 district are as follows:
2. Advertising signs are prohib- (1) Outdoor storage area accessory to princi-
ited within 1,200 feet of an- pal use.
other advertising sign on the (2) Single-family residential dwelling units
same side of the right-of-way. accessory to principal uses,provided that:
3. All advertising signs shall be a. The nature of the principal use of
• erected with a single pole or the property makes it necessary or
CD30:134
LAND DEVELOPMENT REGULATIONS §30-1293
•
highly desirable from both the prop- fore automatically expire if the prin-
erty owner's and the city's perspec- cipal use of the property changes or
tive to have a 24-hour-a-day care- the ownership of either the property
taker or security person reside on or the principal use of the property
the property. changes.
b. The proposed dwelling unit is de- (3) Recycling processing centers.
signed for and will be used exclu- (4) Bottling and distribution.
sively by caretakers or security per-
sonnel responsible for the security of (5) Ministorage.
the property and the principal use (6) Water/sewage treatment.
thereof.
c. The proposed building unit will be (7) Auto repair shops.
occupied by no more than two per- (8) Grain and feed elevators.
sons, neither of whom may be under (9) Sexually oriented land uses.
18 years of age.
d. There will be only one dwelling unit (10) Temporary structures.
per lot or, if one principal use is (11) Government buildings and facilities.
located on several adjoining lots, per (12) Broadcasting studios and facilities.
principal use.
(13) Truck and implement sales.
e. The proposed dwelling unit will not
exceed 800 square feet in size and (14) Commercial kennels (indoor).
will be located within a building serv- (15) Commercial recreation (unplatted land
411 ing the principal use of the property only).
which is no less than 10,000 square
feet in size. (e) Architectural standards. No provision of
section 30-938 except subsection 30-938(2) per-
f. The principal use of the property is taining to building finish and subsection 30-
not of such a nature that it would be 938(3) pertaining to roofs applies to this district.
dangerous or hazardous to residents (Code 1982, § 900.12(14))
of the proposed dwelling unit.
g. The proposed dwelling unit meets all Sec. 30-1293. I-2 district.
other requirements of this Code and (a) Purpose. The I-2 district is intend-• to
Minnesota Uniform Building Code accommodate more intense manufactu ' g and
for occupancy as a dwelling unit by a processing than would be allowed in ' - I-1 dis-
single family.The city council may,if trict. Proposed uses would include s anufactur-
it finds it necessary to do so for the ing, production, warehousing w. heavy truck
protection of the health, safety and traffic and other uses which m generate nomi-
welfare of persons who may occupy nal off-site impacts.
the proposed dwelling unit, impose
additional reasonable requirements (b) Permitted uses. P; •itted uses in the I-2
or conditions on the construction and district are as follows:
use of the dwelling unit. (1) Offices.
h. The conditional use allowing such a (2) Wholes. e businesses.
dwelling unit in an industrial zone is
deemed to be unique to the principal (3) Lig I/ manufacturing.
use of the property and the owner- (4) arehouses.
ship of the property and the princi-
pal use.Any conditional use permits (5 Auto repair shops.
• granted under this section shall there- 6) Bottling and distribution.
CD30:135