4.3. PCSR 07-23-2019Request for Action
To Item Number
Planning Commission 4.3
Agenda Section Meeting Date Prepared by
Public Hearings July 23, 2019 Chris Leeseberg, Senior Planner
Item Description Reviewed by
Ordinance Amendment - Institutional Uses, Case Zack Carlton, Planning Manager
No. OA 19-04
Reviewed by
Action Requested
Recommend, by motion, approval of the ordinance amendments, including proposed definitions and the
various permitted, accessory, and conditional uses.
Background/Discussion
Since being directed to review the definitions for institutional uses by the City Council on February 19,
2019, staff, Planning Commission, and City Council have been reviewing the proposed ordinance
amendments. The direction from the City Council was to separate the various uses (educational,
religious, health care) from the current “institutional use” definition, and review acceptable locations for
all of these uses.
The reference to “institutional uses” affects 17 sections of the ordinance with many of them being
residential uses. During the 2018 comprehensive ordinance amendment for all commercial and industrial
zoning districts (OA 18-03), residential districts were not included as these districts were to be looked at
later. The Commission is now also being asked to review the comprehensive residential amendments.
The residential district amendments are attached for the commission’s review. The current amendments
(residential, commercial, and industrial) include all references to the term “institutional uses”.
Financial Impact
None
Attachments
Proposed Amendments (Please note the amendments are laid out in different formats. They will be formatted
into the proper ordinance document for the City Council.)
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
Dwelling, multiple-family, means a detached building containing three twoor more single-family
dwelling units, with the number of families in residence not exceeding the number of dwelling units
provided. Condominiums and cooperatively owned multiple residential dwellings are multiple-family
dwellings for purposes of article VI of this chapter.
Institutional use means a place or facility which is designed for use as a place of worship, public
service, education, and for health care facilities for principally inpatient care.
Educational institution means apublic, parochial, or private institution that provides educational
instruction to students.
Health care facility, inpatient means a facility where a patient receives medicaltreatment while being
admitted for one or more nights, excluding hospitals.
Outpatient hHealth care facility, outpatient means a facility where a patient receives medical, dental,
and/or optical treatment without being admitted overnight.
Hospital means an institution, licensed by the state department of health, providing primary health
services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease,
injury, deformity, and other abnormal physical or mental conditions, and including as an integral
part of the institution, related facilities such as laboratories, outpatient facilities, or training facilities.
Institutional facilities includes any of the following uses: educational institution, health care facility
(inpatient or outpatient), or religious institutions.
Medical treatment means a patient receives medical, dental, and/oroptical treatment.
Residential, apartment means two or more dwelling units attached by a series of common or party
walls, in which each unit has access to an inside common hallway and each unit may be for rent or
owner-occupied.
Residential, multiple-family means two or more dwelling units attached by a series of common or party
walls, in which each unit has its own front and/or rear access to the outside and each unit may be
for rent or owner-occupied. Apartments and attached townhouses are not included.
Residential, single-family means one dwelling unit contained in a structure.
Townhouse, attached, means a one-family dwelling of at least four attached units in which each unit has
its own access to the outside, no unit is located over another unit, and each unit is separated
horizontally by a series of common or party walls. There shall be no more than six dwellings per
structure in a row or no more than eight dwellings per structure if back-to-back.
Religious institution means a church or place of worship or religious assembly with related facilities.
Residential facility means any facility, public or private, which, for gain or otherwise, regularly provides
one or more persons with a 24-hour per day substitute for care, food, lodging, training, education,
supervision, rehabilitation, habilitation, and treatment they need,but which for any reason cannot be
furnished in the person's own home. Residential facilities include, but are not limited to, state
institutions under the control of the state commissioner of public welfare, foster homes, residential
treatment centers, maternity shelters, group homes, residential programs, or schools for handicapped
children, except as specifically excluded in identical exclusions to those set forth in the definition of
"day care facility" in this section, which are incorporated within this definition as though fully set
forth herein. A residential facility does not provide medical treatment as defined in this section.
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Ordinance19-____
An Ordinance Amending Chapter30,Sections30-1022, 30-1023, 30-1024, and 30-
1026, 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 districtof 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.
(8)(9)Health care facilities, outpatient
(9)(10)Hotels.
(10)(11)Outpatient health care facilities.
(11)(12)Personal service establishments.
(12)(13)Physical recreation or training.
(13)(14)Public parks.
(14)(15)Restaurants, class I.
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(15)(16)Retail sales.
(c) Accessory uses. Accessory uses in the C-1 district are as follows:
(1)Parking lots.
(2)Private recreational facilities.
(3)Signs (as permitted in section 30-851 et seq.).
(4)Structures, accessory
(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)Health care facilities, inpatient
(4)(6)Hospital
(5)Institutional uses.
(6)(7)Kennel, commercial
(7)(8)Liquor establishments, on-sale.
(8)(9)Motor vehicle service stations.
(9)(10)Nonprofit clubs, lodges or halls.
(10)(11)Residential, multiple-family (provided that business/commercial uses occupy the
ground floor below the residential use).
(11)(12)Restaurants, class II.
(12)(13)Saunas, steam baths, and heat-bathing rooms.
(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.
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(2)Business offices.
(3)Day cares.
(4)Financial institutions.
(5)Funeral homes.
(5)(6)Health care facilities, outpatient
(6)(7)Outpatient health care facilities.
(7)(8)Personal service establishments.
(8)(9)Public parks.
(c) Accessory uses. Accessory uses in the C-2 district are as follows:
(5)Parking lots.
(6)Private recreational facilities.
(7)Signs (as permitted in section 30-851 et seq.).
(8)Structures, accessory.
(d) Conditional uses.Conditional uses in the C-2 district are as follows:
(1)Governmental facilities.
(2)Health care facilities, inpatient
(1)(3)Hospitals
(2)Institutional uses.
(3)(4)Saunas, steam baths, and heat-bathing rooms.
(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.
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(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.
(10)(11)Health care facilities, outpatient
(11)(12)Hotels.
(12)(13)Liquor establishments, on-sale.
(13)(14)Motels.
(14)(15)Motor vehicle service stations.
(15)(16)Motor vehicle sales (maintenance and repair prohibited).
(16)(17)Personal service establishments.
(17)(18)Physical recreation and training.
(18)(19)Produce markets.
(19)(20)Public parks.
(20)(21)Restaurants, class I
(21)(22)Restaurants, class II
(22)(23)Retail sales.
(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.
(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.
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(5)Health care facilities, inpatient
(4)(6)Hospitals
(5)Institutional uses.
(6)(7)Landscaping Contractor Yards. (outside of the Urban Service District)
(7)(8)Liquor establishments, off-sale (municipally owned).
(8)(9)Manufacturing, light (enclosed with related retail sales).
(9)(10)Microdistilleries.
(10)(11)Ministorage (provided that the use is on unplatted land outside the urban service
district).
(11)(12)Motor vehicle repair shops.
(12)(13)Motor vehicle sales.
(13)(14)Motor vehicle specialty service stations.
(14)(15)Pawnshops
(15)(16)Saunas, steam baths, and heat-bathing rooms.
(16)(17)Shopping centers.
(17)(18)Veterinary clinics.
(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 § 30-1026, 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 (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).
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(2)Brewpubs.
(3)Business offices.
(4) Commercial recreational facilities.
(5)Day cares.
(6)Dry cleaning establishments.
(7)Financial institutions.
(7)(8)Health care facilities, outpatient.
(8)(9)Hotels.
(9)(10)Nonprofit clubs, lodges or halls.
(10)(11)Outpatient health care facilities.
(11)(12)Personal service establishments.
(12)(13)Physical recreation and training.
(13)(14)Public parks.
(15)Residential, multiple-family (provided that business/commercial uses at street level occupy
the floor).
(14)(16)Residential facilities (1-6 persons).
(15)(17)Restaurants, class I.
(16)(18)Retail sales.
(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.).
(d)Conditional uses.The following uses shall be conditional uses in the downtown district, subject to
the design standards set forth in subsections (e) and (f) and the procedures and standards for
the approval of conditional use permits set forth in sections 30-651 through 30-659 of this
chapter:
(1)Brewer taprooms, (producing 10,000 or more barrels of malt liquor annually).
(2)Funeral homes.
(3)Governmental facilities.
(4)Health care facilities, inpatient.
(3)(5)Hospitals.
(4)Institutional uses. (worship facilities only)
(5)(6)Liquor establishments, on-sale.
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(7)Produce markets.
(6)(8)Residential facilities (7-16 persons).
(7)(9)Saunas, steam baths, and heat-bathing rooms.
SECTION 5. 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 19thday ofMarch, 2018.
______________________________
John J. Dietz, Mayor
ATTEST:
_______________________________
Tina Allard, City Clerk
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Sec. 30-938. - Architectural standards.
Except as otherwise provided, all multifamily, commercial and industrial construction shall be
developed in accordance with the following design standards:
(1) Architectural plans. Construction plans shall be prepared and submitted to include:
a. Elevations of all sides of the building.
b. Type and color of exterior building materials.
c. A typical floor plan and dimensions of all structures.
d. Location of trash containers and heating, air conditioning and ventilation systems.
e. Proposed screening of trash containers and heating, air conditioning and ventilation
systems.
(2) Exterior building finish.
a. In the C-1, C-2 and C-3 districts, the exterior building finish shall consist of at least
two of the exterior building finishes, at least two shall be used per wall:
1. Face brick.
2. Natural stone.
3. Architectural glass. (i.e. curtain wall)
4. Wood.
5. Stucco.
6. Siding. (metal, fiber-cement or vinyl)
7. Integrally colored split face (rock face), burnished or glazed concrete masonry
units (excluding smooth/plain or painted).
8. Other city approved architectural materials.
b. In the I-1 and I-2 districts, the exterior building finish shall consist of the following
exterior building finishes:
1. Face brick.
2. Natural stone.
3. Architectural glass. (i.e. curtain wall)
4. Wood.
5. Stucco.
6. Integrally colored split face (rock face), burnished or glazed concrete masonry
units (excluding smooth/plain or painted).
7. Integrally colored and/or exposed aggregate precast concrete panels.
8. Poured-in-place concrete walls.
9. Prefinished metal panels.
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10. Other city approved architectural metal.
(3) Roofing standards. Roofing shall consist of a shingled, prefinished metal panel and/or
membrane roof.
(4) Alterations and additions. All subsequent additions and exterior alterations constructed after
the erection of an original building (when the original building was constructed in
conformance with this section) shall be constructed of materials comparable to those used
in the original construction and shall be designed in a manner conforming to the original
architectural design and general appearance.
(5) Accessory structures. Architectural standards as outlined in this section shall also apply to
accessory buildings, except that in the I1 and I2 districts where the accessory structure is
not less than 250 feet from an existing residence, engineered fabric structures may be used
as an acceptable material.
(6) Buildings abutting street, residential, religious, or institutionaleducational uses, or place of assembly. All
portions or sides of buildings which abut a public street, a residential zone, religious or s,
or institutional educational uses or zone, or place of assembly,such as a public park or
recreational facility, shall be constructed of materials on the list of exterior building finishes
in subsection (2)b a of this section.
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Sec. 30-991. - R-1 districts.
(a) Purpose.
(1) Generally.The R-1 residential districts are established to accomplish the general purposes of
this article and for the following specific purposes:
a. Preserve living qualities of residential neighborhoods.
b. Ensure future high quality amenities, including, but not limited to, the provision of
adequate light, air, privacy, and convenience of access to property.
c. Increase convenience and comfort by providing usable open space and recreation
space on or near the housing units they serve.
d. Prevent additions or alterations of structures which would damage the character or
desirability of existing residential areas.
e. Protect residential areas, to the extent possible and appropriate in each area, against
unduly heavy motor vehicle traffic.
f. Encourage a variety and range of dwelling types and a wide range of population
densities with emphasis on home ownership.
(2) R-1a district. The rural residential district is intended to allow for a rural lifestyle by
permitting low density residential development in areas that are marginal or nonfeasible for
agriculture. The R-1a district is intended to be primarily a residential district, but may also
accommodate agriculture-related and accessory uses. This is the general area of the city
which is not primarily suited to farming due to soil conditions, slope, tree cover, and other
physical features better suited for non-farm housing and related accessory uses.
(3) R-1b district. This district is intended to provide land for attractive and diverse low density
single-family residential development, and to primarily contain detached low density single-
family residential developments and low density planned unit development. Subdivisions
utilizing on-site sewage disposal systems and private water wells cannot exceed one single-
family residence per gross acre. Construction of on-site sewage disposal systems shall not
be permitted on adjoining lots. Streets and other improvements may be temporary in
nature as approved by the city council.
(4) R-1c district. This district is intended to provide single-family residences in areas with full
municipal public sanitary sewers, storm sewers, and municipal water in areas that are a
continuation of existing residential development patterns and the infilling of existing lots in
established areas.
(5) R-1d district. This district is intended to provide single-family residential districts with larger
lots and higher quality housing types in areas with full municipal public sewers, storm
sewers, and municipal water in areas that possess significant natural features, including
vegetation, wetlands, and topographic features. This district is intended to encourage the
design of subdivisions that protect natural features while providing high quality housing
sites.
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(b) Permitted uses . Permitted uses in the R-1 districts are as follows:
(1)Agricultural uses(only in the R-1a district on parcels 5 acres or larger).
(2)Bed and breakfast establishments, homeowner-occupied.
(3)Farm wineries(only in the R-1a district on parcels 5 acres or larger).
(4)Open space preservation (as permitted in Section 30-511 et seq.).
(5)Public parks.
(6)Residential, single family.
(7)Residential facilities (1-6 persons).
(8)State licensed residential facilities or a housing with services establishment
registered under chapter 144D serving six or fewer persons, a licensed day care
facility serving 12 or fewer persons, and a group family day care facility licensed
under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children
shall be considered a permitted single family residential use of property for the
purposes of zoning, except that a residential facility whose primary purpose is to
treat juveniles who have violated criminal statutes relating to sex offenses or have
been adjudicated delinquent on the basis of conduct in violation of criminal
statutes relating to sex offenses shall not be considered a permitted use.
(1) Single-family dwellings per section 30-799.
(2) Licensed day care facilities for 12 or fewer children;
(3) Model homes in compliance with section 30-800;
(4) Agricultural uses in the R-1a district (more than five-acre lot size);
(5) Public parks, playgrounds and open space;
(6) Permitted home occupations;
(7) Truck tractor and/or trailer parking (nonplatted parcels five acres in size or greater within
the R-1a district);
(8) State-licensed residential facilities or housing with services establishments registered under
Minn. Stats. ch. 144D serving six or fewer persons, licensed day care facilities serving 12 or
fewer persons and group family day care facilities licensed under Minnesota Rules, parts
9502.0315 to 9502.0445, to serve 14 or fewer children, except that a residential facility
whose primary purpose is to treat juveniles who have violated criminal statutes relating to
sex offenses or have been adjudicated delinquent on the basis of conduct in violation of
criminal statutes relating to sex offenses shall not be a permitted use;
(9) Open space preservation development plats within the R-1a district (residential clustering);
(10) Towers less than 60 feet in height;
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(11) Private kennels on parcels five buildable acres or greater, excluding lots located in cluster
subdivisions (see subsection (d)(12));
(12) Homeowner-occupied bed and breakfast establishments shall be allowed in all residential
districts as a permitted use, subject to site plan review, provided the use complies with the
following criteria:
a. Off street parking shall be provided at a rate of one space per guest room plus those
required for the single-family use. A piggy-backed or tandem parking arrangement is
permitted;
b. Off street parking shall be provided on an existing driveway;
c. Signage shall be limited to one freestanding sign, not to exceed four feet in height and
eight square feet in size, and one wall sign not to exceed four square feet in size. Signs
shall not be illuminated;
d. The exterior appearance of the structure shall not be altered from its single-family
character;
e. The proposal shall comply with all building and fire code requirements:
If the proposed bed and breakfast business does not comply with one or more of the
above criteria, it will require a conditional use permit.
(13) Farm wineries in the R-1a zoning district provided the use does not include on-site sales of
any type;
(14) Accessory dwelling units, on single family detached lots, provided:
a. Not more than one accessory dwelling unit shall be allowed on a single-family
detached lot;
b. An accessory dwelling unit may be permitted within a principal single family dwelling
unit or in a detached accessory structure;
c. An accessory dwelling unit shall require a building permit that may only be applied for
concurrently with the application for a building permit for construction of the
principal single family dwelling unit on the lot or after the construction of the principal
structure;
d. A detached accessory dwelling unit shall be counted towards the total number of
allowed accessory structures on a parcel;
e. A rental license for the accessory dwelling unit is obtained pursuant to chapter 30,
article III, division 3 of the City Code;
f. An accessory dwelling unit shall be clearly a subordinate part of the principal single
family dwelling unit on the lot and the living area shall not be more than 1,000 square
feet, nor less than 250 square feet in size;
g. No more than two sleeping rooms shall be allowed in an accessory dwelling unit;
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h. The entrance to an accessory dwelling unit shall not be in the front yard of the
principal single family dwelling unit;
i. In the A-1 and R-1a districts, and on lots greater than 2½ acres in the R-1b, R-1c, R-
1d, R1e, and residential PUD districts, detached accessory dwelling units may be
finished with wood, vinyl lap siding, metal siding, metal panels, and/or masonry. On
lots less than 2½ acres in the R-1b, R-1c, R-1d, R-1e and residential PUD districts,
detached accessory dwelling units may be finished with wood, vinyl lap siding, metal
siding, and/or masonry;
j. Accessory dwelling units in combination with their associated principal single family
dwelling unit must conform to all City Code requirements for single family dwellings,
including but not limited to setback, height, impervious surface, and accessory
structure standards;
k. In addition to the parking required for the principal single family dwelling unit on the
lot, there shall be one off-street parking space provided on an approved surface for
the accessory dwelling unit;
l. The property owner must reside in the principal single family dwelling unit or in the
accessory dwelling unit;
m. An accessory dwelling unit must be on the same parcel of property as the principal
single family dwelling unit. A property may not be subdivided or otherwise segregated
to provide separate ownership of an accessory dwelling unit;
n. The principal single family dwelling unit and accessory dwelling unit shall have one
postal address;
o. An accessory dwelling unit must provide for one independent housekeeping unit
having cooking, sleeping, and sanitary facilities;
p. The principal single family dwelling unit and accessory dwelling unit shall be served by
single well, septic, municipal water, sanitary sewer, gas and/or electric utility service
lines. Separate meters for the respective utilities are allowed;
q. The principal single family dwelling unit and attached accessory dwelling unit shall
have one heating and air conditioning system;
r. The accessory dwelling unit and the associated principal single family dwelling unit
must meet all current state building, plumbing, electrical, mechanical, and fire code
provisions including emergency vehicle access to any accessory dwelling unit.
(c)Accessory uses. Accessory uses in the R-1 districts are as follows:
(1)Accessory dwelling units.
(2)Agricultural buildings.
(3)Home occupations, permitted.
(4)Kennels, private.(On parcels 5 buildable acres or greater).
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(5)Parking lots.
(6)Private recreation facilities.
(7)Structures, accessory.
(8)Towers (less than 60 feet in height).
(9)Tractor trailer parking(only in the R-1a district on parcels 5 acres or larger).
(10)Trailer, temporary
(11)Signs (as permitted in Section 30-851 et seq.).
(1) Accessory farm structures.
(2) Public shelters and essential services.
(3) Garages and sheds, including metal-skinned buildings in R-1a districts.
(4) Private recreational facilities.
(5) Signs as permitted in section 30-851 et seq.
(d) Conditional uses.Conditional uses in the R-1 districts are as follows:
(1)Agricultural uses (in the R-1b, R-1c, and R-1d districts on parcels 5 acres or larger
and in the R-1A district on parcels less than 5 acres).
(2)Bed and breakfast establishments, non-homeowner-occupied.
(3)Cemeteries(minimum lot size 4 acres).
(4)Commercial recreation facilities (On properties adjacent to arterial or collector
streets when associated with an approved educational institution)
(5)Cooperative gardening.
(6)Day care, (in religious institutions).
(7)Educational institutions.
(8)Farm wineries (only in the R-1a zoning district when on-site sales are included
and/oron parcels less than 5 acres).
(9)Feedlots (only in the R-1a district on parcels 5 acres or larger).
(10)Golf courses and country clubs.
(11)Government facilities.
(12)Home occupations, conditional.
(13)Horticultural uses.
(14)Kennels, commercial.
(15)Kennels, private (on parcels less than 5buildable acres or on parcelslocated in
cluster subdivisions).
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(16)Mobile homes, temporary
(17)Religious institutions
(18)Stables, private.
(19)Tractor trailer parking (only in the R-1a district on parcels less than 5 acres in size)
(20)Wayside stands.
(1) Conditional home occupations.
(2) Fairground facilities.
(3) Golf courses and country clubs.
(4) Governmental offices.
(5) Temporary mobile homes used as a residence.
(6) Institutional uses.
(7) Licensed day care facilities in institutional buildings.
(8) Agricultural uses in the R-1a district (less than five-acre lot size).
(9) Agricultural uses in R-1b, R-1c, and R-1d districts (five-acre minimum lot size).
(10) Feedlots in the R-1a district.
(11) Commercial kennels in the R-1a district.
(12) Private kennels on parcels less than five buildable acres or lots located in cluster
subdivisions.
(13) Truck tractor and/or trailer parking (platted parcels or parcels less than five acres in size
within the R-1a district).
(14) Cooperative gardening in preserved open space.
(15) Horticulture and floricultureservices in preserved open space.
(16) Private stables in preserved open space.
(17) Wayside stands in preserved open space.
(18) Therapeutic massage and sauna establishments operated as a home occupation.
(19) Cemeteries minimum lot size four acres.
(20) Non-homeowner-occupied bed and breakfast establishments, located on a collector street
or above, as identified in the city's comprehensive transportation plan, shall be a
conditional use in all residential districts, provided the use complies with the following
criteria:
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a. Off-street parking shall be provided at a rate of one space per guest room plus those
required for the single-family use. A piggy-backed or tandem parking arrangement is
permitted.
b. Off-street parking shall be provided on an existing driveway.
c. Signage shall be limited to one freestanding sign, not to exceed four feet in height and
eight square feet in size, and one wall sign not to exceed four square feet in size. Signs
shall not be illuminated.
d. The exterior appearance of the structure shall not be altered from its single-family
character.
e. The proposal shall comply with all building and fire code requirements.
(21) Farm wineries in the R-1a zoning district when on-site sales are included.
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Sec. 30-992. -R-2a district.
(a) Purpose.The R-2a district is intended to create low density housing areas as a transition between
single-family housing and higher density residential housing.
(b)Permitted uses.Permitted uses in the R-2a district are as follows:
(1)Public parks
(2)Residential, multiple family (2 units max)
(3)Residential, single family
(4)Residential facilities (1-6 persons).
(5)State licensed residential facilities or a housing with services establishment
registered under chapter 144D serving six or fewer persons, a licensed day care
facility serving 12 or fewer persons, and a group family day care facility licensed
under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children
shall be considered a permitted single family residential use of property for the
purposes of zoning, except that a residential facility whose primary purpose is to
treat juveniles who have violated criminal statutes relating to sex offenses or have
been adjudicated delinquent on the basis of conduct in violation of criminal statutes
relating to sex offenses shall not be considered a permitted use.
(1) Single-family dwellings.
(2) Two-family dwellings.
(3) State-licensed residential facilities or housing with services establishments registered under
Minn. Stats. ch. 144D serving six or fewer persons, licensed day care facilities serving 12 or
fewer persons and group family day care facilities licensed under Minnesota Rules, parts
9502.0315 to 9502.0445, to serve 14 or fewer children, except that a residential facility
whose primary purpose is to treat juveniles who have violated criminal statutes relating to
sex offenses or have been adjudicated delinquent on the basis of conduct in violation of
criminal statutes relating to sex offenses shall not be a permitted use.
State Law reference— Similar provisions, Minn. Stats. § 462.357, subd. 7.
(4) Model homes in compliance with section 30-800.
(5) Public parks, playgrounds and open space.
(6) Permitted home occupations in single-family dwellings.
(c)Accessory uses Accessory uses in the R-2a district are as follows:
(1)Home occupations, permitted
(2)Parking lots.
(3)Private recreational facilities.
(4)Signs (as permitted in section 30-851 et seq.).
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(5)Structures, accessory.
(1) Public shelters and essential services.
(2) Garages and sheds.
(3)Private recreational facilities.
(4)Signs as permitted in section 30-851 et seq.
(d) Conditional uses.Conditional uses in the R-2a district are as follows:
(1)Day care (in religious institutions)
(2)Educational institutions.
(3)Governmental facilities.
(4)Home occupations, conditional
(5)Religious institutions.
(6)Zero lot line developments.
(1) Conditional home occupations in single-family dwellings.
(2) Metal-skinned buildings.
(3) Institutional uses.
(4) Governmental offices.
(5) Licensed day care facilities with 13 or more children in institutional buildings.
(6) Zero lot line development.
(7) Manufactured home parks as defined in Minn. Stats. § 327.14, subd. 3.
State Law reference— Similar provisions, Minn. Stats. § 462.357, subd. 1b.
(Code 1982, § 900.12(6); Ord. No. 04-13, § 3, 8-27-2004; Ord. No. 05-08, § 1, 4-4-2005)
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Sec. 30-993. - R-2b district.
(a) Purpose.The R-2b district is intended to:
(1)Create low density multiple dwelling areas with a broad range of housing types;
(2)Preserve and enhance transitional residential areas between lower and higher densities in
areas served by public utilities; and
(3) Enhance transitional areas between low density housing and other nonresidential land uses.
The district must be served by public sanitary sewers, storm sewers, and municipal water.
(b)Permitted uses.Permitted uses in the R-2b district are as follows:
(1)Public parks
(2)Residential, multiple family (4 units max)
(3)Residential, single family
(4)Residential facilities (1-6 persons).
(5)State licensed residential facilities or a housing with services establishment
registered under chapter 144D serving six or fewer persons, a licensed day care
facility serving 12 or fewer persons, and a group family day care facility licensed
under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children
shall be considered a permitted single family residential use of property for the
purposes of zoning, except that a residential facility whose primary purpose is to
treat juveniles who have violated criminal statutes relating to sex offenses or have
been adjudicated delinquent on the basis of conduct in violation of criminal statutes
relating to sex offenses shall not be considered a permitted use.
(1) Single-family dwellings.
(2) Two-family dwellings.
(3) Townhouses and multifamily dwellings (four units per structure maximum).
(4) State-licensed residential facilities or housing with services establishments registered under
Minn. Stats. ch. 144D serving six or fewer persons, licensed day care facilities serving 12 or
fewer persons and group family day care facilities licensed under Minnesota Rules, parts
9502.0315 to 9502.0445, to serve 14 or fewer children, except that a residential facility
whose primary purpose is to treat juveniles who have violated criminal statutes relating to
sex offenses or have been adjudicated delinquent on the basis of conduct in violation of
criminal statutes relating to sex offenses shall not be a permitted use.
State Law reference— Similar provisions, Minn. Stats. § 462.357, subd. 7.
(5) Model homes in compliance with section 30-800.
(6) Public parks, playgrounds and open space.
(7) Permitted home occupations in single-family dwellings.
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(c)Accessory uses. Accessory uses in the R-2b district are as follows:
(1)Home occupations, permitted
(2)Parking lots.
(3)Private recreational facilities.
(4)Signs (as permitted in section 30-851 et seq.).
(5)Structures, accessory
(1)Public shelters and essential services.
(2)Garages and sheds.
(3) Private recreational facilities.
(4) Signs as permitted in section 30-851 et seq.
(d) Conditional uses.Conditional uses in the R-2b district are as follows:
(1)Day care (in religious institutions)
(2)Educational institutions.
(3)Governmental facilities.
(4)Home occupations, conditional
(5)Religious institutions
(6)Zero lot line developments.
(1) Conditional home occupations in single-family dwellings.
(2) Metal-skinned buildings.
(3) Institutional uses.
(4) Governmental offices.
(5) Licensed day care facilities with 13 or more children in institutional buildings.
(6) Zero lot line development.
(7) Manufactured home parks as defined in Minn. Stats. § 327.14, subd. 3.
State Law reference— Similar provisions, Minn. Stats. § 462.357, subd. 1b.
(Code 1982, § 900.12(7); Ord. No. 04-13, § 4, 8-27-2004; Ord. No. 05-08, § 1, 4-4-2005)
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Sec. 30-994. - R-3 townhome district.
(a) Statement of purpose. The purpose of the R-3 townhome district is to accommodate a variety of
housing types, including single-family detached, duplex and townhouse dwellings, at low to
moderate residential densities (approximately 11 units per acre or less). This district is also
intended to function as a transition between the less intense single-family district and the more
intense multifamily districts. Certain other structures and uses necessary to serve governmental,
educational, religious, recreational, and other needs ofneighborhoods are allowed as permitted
or conditional uses subject to restrictions intended to preserve and protect the residential
character of the district.
(b) Permitted uses. Permitted uses in the R-3 district are as follows:
(1)Public parks
(2)Residential, single family
(3)Residential facilities (1-6 persons).
(4)State licensed residential facilities or a housing with services establishment
registered under chapter 144D serving six or fewer persons, a licensed day care
facility serving 12 or fewer persons, and a group family day care facility licensed
under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children
shall be considered a permitted single family residential use of property for the
purposes of zoning, except that a residential facility whose primary purpose is to
treat juveniles who have violated criminal statutes relating to sex offenses or have
been adjudicated delinquent on the basis of conduct in violation of criminal statutes
relating to sex offenses shall not be considered a permitted use.
(5)Townhouse, attached
(1) Single family dwellings.
(2) Duplexes.
(3) Triplexes.
(4) Townhomes, with no more than six dwellings per structure if in a row or no more than
eight dwellings per structure if back-to-back.
(5) Model homes in compliance with section 30-800.
(6) Licensed daycare facilities for 16 or fewer children.
(7) Public parks, playgrounds and open space.
(8) State-licensed residential facilities or housing with services establishments registered under
Minn. Stats. ch. 144D serving six or fewer persons, licensed day care facilities serving 12 or
fewer persons and group family day care facilities licensed under Minnesota Rules, parts
9502.0315 to 9502.0445, to serve 14 or fewer children, except that a residential facility
whose primary purpose is to treat juveniles who have violated criminal statutes relating to
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sex offenses or have been adjudicated delinquent on the basis of conduct in violation of
criminal statutes relating to sex offenses shall not be a permitted use.
(c)Accessory uses.Accessory uses in the R-3 district are as follows:
(1)Accessory structures.
(2)Home occupations, permitted
(3)Private recreationalfacilities.
(4)Signs (as permitted in Section 30-851 et seq.).
(1) Public shelters and essential services.
(2) Garages and sheds.
(3) Private recreational facilities.
(4) Signs as permitted in section 30-851 et seq.
(d) Conditional uses.Conditional uses in the R-3 district are as follows:
(1)Cemeteries (minimum lot size 4 acres)
(2)Daycare, licensed (for 13or more children).
(3)Educational institutions.
(4)Government facilities
(5)Home occupations, conditional
(6)Religious institutions.
(7)Residential facilities (7-16 persons).
(1) Licensed daycare facilities for 17 or more children.
(2) Governmental offices.
(3) Business and professional offices.
(4) Institutional uses.
(5) Home occupations.
(6) Cemeteries minimum lot size four acres.
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Sec. 30-995. - R-4 district.
(a) Purpose. The R-4 district is intended to create, preserve, and enhance areas for multifamily use
of higher densities in areas served by public sanitary sewers, storm sewers, and municipal water,
with good accessibility tothoroughfares, public community centers, libraries, shopping centers
and employment centers, and where such development fits the growth management plan.
(b) Permitted uses. Permitted uses in the R-4 district are as follows:
(1)Public parks.
(2)Residential, apartment
(3)Residential, multiple family (4 units max)
(4)Residential, single family
(5)Residential facilities (1-6 persons).
(6)State-licensed residential facilities or housing with services establishments registered
under Minn. Stats. ch. 144D serving six or fewer persons, licensed day care facilities
serving 12 or fewer persons and group family day care facilities licensed under
Minnesota Rules, parts 9502.0315 to 9502.0445, to serve 14 or fewer children, except
that a residential facility whose primary purpose is to treat juveniles who have
violated criminal statutes relating to sex offenses or have been adjudicated
delinquent on the basis of conduct in violation of criminal statutes relating to sex
offenses shall not be a permitted use.
(7)Townhouse, attached
(1) Single-family dwellings.
(2) Two-family dwellings.
(3) Townhouse dwellings (12 units per structure maximum).
(4) Multiple-family dwellings.
(5) Model homes in compliance with section 30-800.
(6) Licensed day care facilities for 16 or fewer children.
(7) Public parks, playgrounds and open space.
(8) State-licensed residential facilities or housing with services establishments registered under
Minn. Stats. ch. 144D serving six or fewer persons, licensed day care facilities serving 12 or
fewer persons and group family day care facilities licensed under Minnesota Rules, parts
9502.0315 to 9502.0445, to serve 14 or fewer children, except that a residential facility
whose primary purpose is to treat juveniles who have violated criminal statutes relating to
sex offenses or have been adjudicated delinquent on the basis of conduct in violation of
criminal statutes relating to sex offenses shall not be a permitted use.
State Law reference— Similar provisions, Minn. Stats. § 462.357, subd. 7.
(c) Accessory uses.Accessory uses in the R-4 district are as follows:
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(1)Private recreational facilities.
(2)Signs (as permitted in section 30-851 et seq).
(3)Structures, accessory
(1) Public shelters and essential services.
(2) Garages and sheds.
(3) Private recreational facilities.
(4) Signs as permitted in section 30-851 et seq.
(d) Conditional uses.Conditional uses in the R-4 district are as follows:
(1)Boardinghouses.
(2)Day cares (for 13 or more children).
(3)Educational institutions.
(4)Governmental facilities.
(5)Manufactured home parks (as defined in Minn. Stats. § 327.14, subd. 3.).
(6)Ministorage.
(7)Outpatient health care facilities.
(8)Religious institutions.
(9)Residential facilities (7-16 persons)
(10)Zero lot line development.
(1) Outpatient health care facilities.
(2) Boardinghouses.
(3) Institutional uses.
(4) Licensed day care facilities for 17 or more children.
(5) Governmental offices.
(6) Ministorage.
(7) Zero lot line development.
(8) Manufactured home parks as defined in Minn. Stats. § 327.14, subd. 3.
State Law reference— Similar provisions, Minn. Stats. § 462.357, subd. 1b.
(Code 1982, § 900.12(9); Ord. No. 04-13, § 6, 8-27-2004; Ord. No. 05-08, § 1, 4-4-2005)
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Ordinance 19 - ____
An Ordinance Amending Chapter, 30-1584, MU-ERP mixed use Elk River Plaza
district 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 30-1584 (d) (3), MU-ERP mixed use Elk River Plaza district of the
City of Elk River Code of Ordinances shall be amended as follows:
(d) Subzone C. Commercial.
(3) Conditional uses are as follows:
a.Carwashes.
b.Class II restaurants.
c.Commercial recreation, outdoor.
d.Commercial recreational facilities, indoor.
e.Dry cleaning establishment.
f.Enclosed light manufacturing with related retail sales.
g.Equipment rental businesses with no outdoor storage.
h.Financial institutions.
i.Funeral parlors.
j.Governmental offices.
k.Institutional UsesHealth care facilities, outpatient.
l.Licensed day care facilities.
m.Motor vehicle specialty shops.
n.Nonprofit clubs, lodges or halls.
o.On-sale liquor establishments.
p.Pawnshops (250-foot setback from any residential zone and 500-foot setback from
schools, parks, day care centers, churches and other pawnshops, measured from the
property line).
q.Produce markets.
q.r.Religious institutions.
r.s.Sauna establishments.
s.t.Shopping centers.
t.u.Veterinary clinics.
Last Updated January 2019
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Sec. 30-1587. - Focused area study (FAST).
The focused area study (FAST) district is established to provide land use, architectural, and bulk
regulations to the 900 acres of property located on each side of Highway 10/169 between 177th
Avenue and 185th Avenue.
The FAST is intended to incorporate the findings and recommendations developed from the
st
171 focused area study and as amended from time to time. Because of the diverse range of
activities envisioned within the district, all within a common masterplan, zoning is regulated
through the development of sub-zones. The subzones are:
(A)The Point
(B)The Pinnacle
(C)North Business Park
(D)Hillside Heights
(E)Office Village
(F)River West Residential
(G)Hwy 10/169 Service Commercial
(H)The Hinge
(I)East Elk River Gateway
(1)The Point (A).
a.Purpose. Subzone "A" is established to provide an environment for high density
residential development and to maximize the recreational and aesthetic benefits of
the river. Most development is less than three stories.
b.Permitted uses are as follow:
1.Licensed daycare facilities (16 or fewer children).
2.1.Model homes in compliance with section 30-800.
3.2.Public parks.
4.Residential, duplexes.
3.Residential, apartments.
5.4.Residential, multiple-family.(4 units max).
5.Residential, single-family.
6.Residential facilities. (1-6 persons)
6.7.Townhouses, attached
7.Residential, triplexes.
8.State-licensed residential facilities or housing.
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c.Accessory uses are as follows:
1.Accessory structures (provided the materials are the same as those of the
existing principal structure).
2.Public shelters.
3.Signs as permitted in section 30-851 et seq.
d.Conditional uses are as follows:
1.Boardinghouses.
2.Business offices.
3.Development of property within the 50-foot setback of the wild and scenic
river district.
4.Health care facilities, inpatient
3.5.Health care facilities, outpatient
4.Institutional uses.
5.6.Licensed day care facilities (1713 or more children).
6.7.Nonprofit clubs.
7.Outpatient health care facilities.
8.Professional offices.
8.9.Residential facilities (7-16 persons)
9.10.Townhomes, attached (maximum 12 units per structure).
e.Bulk regulations. Bulk regulations are listed in section 30-1588.
f.Architectural standards. Architectural standards are outlined in section 30-938.
(2)The Pinnacle (B).
a.Purpose. Subzone "B" is established to provide an environment for certain industrial,
office, and commercial uses which are compatible with and complement each other.
The focus of the district is job creation, where highway visibility is not a necessary
component of successful businesses. Most development is less than three stories.
b.Permitted uses are as follow:
1.Brewpubs.
2.Brewer taprooms producing less than 10,000 barrels of malt liquor annually.
3.Business offices.
4.Financial institutions.
5.Governmental facilities.
5.6.Health care facilities, outpatient
6.7.Light manufacturing.
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7.8.Mail order operations.
8.9.Outpatient health care facilities.
9.10.Physical recreation and training.
10.11.Printing shops.
11.12.Professional offices.
12.13.Public parks.
13.14.Research and development facilities.
14.15.Restaurants, class I.
15.16.Restaurants, class II.
16.17.Retail sales establishments.
17.18.School, vocational.
18.19.Warehouses (not exceeding 50 percent of the entire building).
19.20.Wholesale businesses.
c.Accessory uses are as follows:
1.Accessory structures (provided the materials are the same as those of the
existing principal structure).
2.Cocktail rooms.
3.Outdoor storage areas accessory to principal use.
4.Signs as permitted in section 30-851 et seq.
d.Conditional uses are as follows:
1.Bottling and distribution.
2.Brewer taprooms producing 10,000 or more barrels of malt liquor annually.
3.Bus storage. Not to exceed ten buses, unless the property has direct access to
an arterial or collector street.
4.Commercial recreation facilities.
5.Development of property within the 50-foot setback of the wild and scenic
river district.
6.Dry cleaning establishments.
7.Equipment rental.
8.Firearm sales.
9.Institutional uses.
9.Health care facilities, inpatient
10.Hospitals
10.11.Kennels, commercial.
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11.12.Laundry establishments.
12.13.Loading areas (when overhead doors are located in front yards).
13.14.Manufacturing, light enclosed with related retail sales.
14.15.Microdistilleries.
15.16.Motor vehicle repair shops.
16.17.Nonprofit clubs.
17.18.Recycling processing centers.
18.19.Storage tanks.
19.20.Telecommunication operations.
20.21.Vehicle sales and services.
21.22.Warehouse space exceeding 50 percent of the total building floor area up to a
maximum of 65 percent.
e.Bulk regulations. Bulk regulations are listed in section 30-1588.
f.Architectural standards. Architectural Standards are outlined in section 30-938.
(3)North Business Park (C) .
a.Purpose. Subzone "C" 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 Subzone "C" 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. It is the intent of this section that development reflects 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 are as follow:
1.All uses allowed as a permitted use in section 30-1294 (business park).
c.Accessory uses are as follows:
1.All uses allowed as an accessory use in section 30-1294 (business park).
d.Conditional uses are as follows:
1.All uses allowed as a conditional use in section 30-1294 (business park).
e.Bulk regulations. Bulk regulations are listed in sections 30-1311 and 30-1312.
f.Architectural standards. Architectural standards are outlined in section 30-1294
(business park).
(4)Hillside Heights (D).
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a.Purpose. Subzone "D" establishes an environment that provides a range of housing
options and takes advantage of wetland views and woodland typology. The area
provides for attached family development, preserving the maximum green space
amenities will affording maximum density near employment, transportation, and
service centers offered by the other subzones. Most development is less than three
stories.
b.Permitted uses are as follow:
1.Bed and breakfast establishments, homeowner-occupied.
2.Business offices.
3.Home occupations, permitted.
4.Kennels, private, on parcels less than five acres.
5.Licensed daycare facilities for 16 or fewer children.
6.Model homes in compliance with section 30-800.
7.5.Professional offices.
8.6.Public parks.
9.Residential, duplexes.
7.Residential, apartments.
10.8.Residential, multiple-family. (4 units max)
11.9.Residential, single-family.
12.10.Residential, townhomes, up to eight units per structure.Residential facilities
(1-6 persons)
13.State-licensed residential facilities or housing.
11.Towers, up to 60 feet in height.
14.12.Townhouse, attached.
c.Accessory uses are as follows:
1.Accessory structures.
2.Private recreational facilities.
3.Public shelters.
4.Signs as permitted in section 30-851 et seq.
d.Conditional uses are as follows:
1.Bed and breakfast establishments, non-homeowner-occupied.
2.Cemeteries, minimum lot size four acres.
3.Cooperative gardening in preserved open space.
4.Golf courses and country clubs.
5.Governmental offices.
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6.Floriculture, in preserved open space
6.7.Health care facilities, inpatient
7.8.Home occupations, conditional.
8.9.Horticulture, in preserved open space.
9.Institutional uses.
10.Kennels, commercial.
11.Kennels, private, on parcels less than five acres.
12.Licensed day care facilities for 17 13 or more children.
13.Residential, multiple-family, provided that business/commercial uses atstreet
level occupy the floor.
13.14.Residential facilities (7-16 persons)
14.15.Stables, private.
15.16.Telecommunication operations.
e.Bulk regulations. Bulk regulations are listed in section 30-1588.
f.Architectural standards. Architectural standards are outlined in section 30-938.
(5)Office Village (E)
a.Purpose. Subzone "E" provides for redevelopment toward large office, business
center, and showroom businesses. Good visibility but poor access once the
transportation system is finalized will yield attractive, destination type development
opportunities. The focus of the district is job creation, where highway access is not a
necessary component of successful businesses. Most development is less than three
stories.
b.Permitted uses are as follow:
1.Brewpubs.
2.Brewer taprooms producing less than 10,000 barrels of malt liquor annually.
3.Business offices.
4.Financial institutions.
5.Firearm sales.
5.6.Health care facilities, outpatient
6.7.Mail order operations.
7.8.Manufacturing, light.
8.Outpatient health care facilities.
9.Personal service establishments.
10.Physical recreation and training.
11.Professional offices.
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12.Public parks.
13.Research and development facilities.
14.Restaurants, class I.
15.Restaurants, class II.
16.Retail sales establishments.
17.Telecommunication operations.
18.Therapeutic massage when offered within the confines of a medical or
chiropractic clinic.
19.Warehouse spaces not exceeding 50 percent of the entire building.
20.Wholesale businesses.
c.Accessory uses are as follows:
1.Accessory structures (provided the materials are the same as those of the
existing principal structure).
2.Cocktail rooms.
3.Outdoor storage areas accessory to principal use.
4.Signs as permitted in section 30-851 et seq.
d.Conditional uses are as follows:
1.Bottling and distribution facilities.
2.Brewer taprooms producing 10,000 or more barrels of malt liquor annually.
3.Broadcasting studios and facilities.
4.Bus storage. Not to exceed ten buses, unless the property has direct access to
an arterial or collector street.
5.Carwash facilities.
6.Commercial recreation facilities.
7.Development of property within the 50-foot setback of the wild and scenic
river district.
8.Dry cleaning establishments.
9.Governmental facilities.
10.Health care facilities, inpatient
9.11.Hospitals
10.12.Hotels.
11.Institutional uses.
12.13.Kennels, commercial.
13.14.Laundry establishments.
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14.15.Loading areas (when overhead doors are located in front yards).
15.16.Manufacturing, light, enclosed with related retail sales.
16.17.Microdistilleries.
17.18.Motels.
18.19.Motor vehicle repair shops.
19.20.Motor vehicle service stations.
20.21.Motor vehicle specialty shops.
21.22.On-sale liquor establishments.
22.23.Recycling processing centers.
23.24.Sauna establishments.
24.25.Shopping centers.
25.26.Storage tanks.
26.27.Vehicle sales and service.
27.28.Veterinary clinics.
28.29.Warehouse spaces exceeding 50 percent of the total building floor area up to
a maximum of 65 percent.
e.Bulk regulations. Bulk regulations are listed in section 30-1588.
f.Architectural standards. Architectural standards are outlined in section 30-938.
(6)River West Residential (F) .
a.Purpose. Subzone "F" provides single-family residences in areas with full municipal
public sanitary sewers, storm sewers, and municipal water in areas that are a
continuation of existing residential development patterns and the infilling of existing
lots in established areas.
b.Permitted uses are as follow:
1.Accessory dwelling units.
2.Bed and breakfast establishments, homeowner-occupied.
3.Home occupations, permitted.
4.Licensed day care facilities for 12 or fewer children.
5.Model homes in compliance with section 30-800.
6.Open space preservation development plats within the R-1A district
(residential clustering).
7.Public parks.
8.Residential, single-family.
8.9.Residential facilities (1-6 persons)
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9.10.State-licensed residential facilities or housing.
10.11.Towers, up to 60 feet in height.
c.Accessory uses are as follows:
1.Accessory structures.
2.Public shelters.
3.Private recreational facilities.
4.Signs as permitted in section 30-851 et seq.
d.Conditional uses are as follows:
1.Bed and breakfast establishments, non-homeowner-occupied.
2.Cemeteries, minimum lot size four acres.
2.3.Educational institutions.
3.4.Governmental facilities.
4.5.Home occupations, conditional.
5.Institutional uses.
6.Kennels, private.
7.Licensed day care facilities in institutional buildingsreligious institutions.
7.8.Religious institutions
e.Bulk regulations. Bulk regulations are listed in section 30-1588.
f.Architectural standards. Architectural standards are outlined in section 30-938.
(7)Hwy 10/169 Service Commercial (G) .
a.Purpose. Subzone "G" 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 are as follow:
1.All uses allowed as a permitted use in section 30-1024 (highway commercial).
c.Accessory uses are as follows:
1.All uses allowed as an accessory use in section 30-1024 (highway
commercial).
d.Conditional uses are as follows:
1.All uses allowed as a conditional use in section 30-1024 (highway
commercial.
e.Bulk regulations. Bulk regulations are listed in sections 30-1041 and 30-1042.
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f.Architectural standards. Architectural standards are outlined in section 30-1024
(highway commercial).
(8)The Hinge (H) .
a.Purpose. Subzone "H" facilitates development that is not centered on access, as
anticipated changes to Highway 10 access will impact traditional highway centric
uses. Care should be employed to provide site design that can accommodate fronting
st
both 171 and Twin Lakes Parkway. Uses are jobs and services centric, recognizing
the shift in traffic patterns. Accessory improvements, i.e. seating, trails, lighting etc.
shall be employed to maximize the benefit of the wetlands within the area.
b.Permitted uses are as follow:
1.Brewpubs.
2.Brewer taprooms producing less than 10,000 barrels of malt liquor annually.
3.Business offices.
4.Firearm sales.
4.5.Health care facilities, outpatient
5.Outpatient health care facilities.
6.Personal service establishments.
7.Physical recreation and training.
8.Printing shops.
9.Professional offices.
10.Public parks.
11.Research and development facilities.
12.Restaurants, class I.
13.Restaurants, class II.
14.Retail sales establishments.
15.Therapeutic massage when offered within the confines of a medical or
chiropractic clinic.
c.Accessory uses are as follows:
1.Accessory structures (provided the materials are the same as those of the
existing principal structure).
2.Cocktail rooms.
3.Signs as permitted in section 30-851 et seq.
d.Conditional uses are as follows:
1.Brewer taprooms producing 10,000 or more barrelsof malt liquor annually.
2.Commercial recreation facilities.
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3.Development of property within the 50-foot setback of the wild and scenic
river district.
4.3.Dry cleaning establishments.
5.4.Financial institutions.
6.5.Governmental facilities.
7.Institutional uses.
6.Health care facilities, inpatient
7.Hospitals
8.Laundry establishments.
9.Loading areas (when overhead doors are located in front yards).
10.Mail order operations.
11.Manufacturing, light.
12.Microdistilleries.
13.Motor vehicle repair shops.
14.Motor vehicle service stations.
15.Motor vehicle specialty shops.
16.Nonprofit clubs.
17.Off-sale liquor stores.
18.On-sale liquor establishments.
19.Outdoor storage, provided the storage area is:
(i)Is accessory to a principal permitted or conditional use; and
(ii)Complies with the accessory structure setback requirement applicable
to the property; and
(iii)Is no larger than 30 percent of the building area; and
(iv)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 blockthe vision of any
such object.
a.Screening shall be consistent with the screening requirements
outlined for outdoor storage within the business park zoning
district.
20.Pawnshops (250-foot setback from any residential zone and 500-foot setback
from schools, parks, day care centers, churches and other pawnshops,
21.Shopping centers.
22.Storage tanks.
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23.Telecommunication operations.
24.Warehouse spaces exceeding 50 percent of the total building floor area up to
a maximum of 65 percent.
e.Bulk regulations. Bulk regulations applicable to the Point sub-zone are listed in
section 30-1588.
f.Architectural standards . Architectural standards applicable to the Point sub-zone are
outlined in section 30-938.
(9)East Elk River Gateway (I) .
a.Purpose. Subzone "I" is established to provide opportunity for destination retail and
service developments immediately adjacent to the Highway 10/ Twin Lakes Road
intersection. Closer to the river, uses transition to multiple-family residential and
public open space. The focus of the district is service and retail node intended to
serve the regional population while maximizing the recreational and aesthetic
benefits of the river. As the Twin Lakes Road and Highway 10 intersection
transitions to an interchange, additional right-of-way will be necessary, requiring the
relocation of businesses. These areas anticipated to be necessary for the interchange
are identified as temporary destination retail in the FAST study.
b.Permitted uses are as follow:
1.Brewpubs.
2.Brewer taprooms producing less than 10,000 barrels of malt liquor annually.
3.Business and professional offices.
4.Financial institutions.
5.Firearms sales.
6.Personal service establishments.
7.Physical recreation and training.
8.Public parks.
9.Restaurants, class I.
10.Restaurants, class II.
11.Retail sales establishments.
c.Accessory uses are as follows:
1.Accessory structures.
2.Cocktail rooms.
3.Off-street parking facilities.
4.Off-street loading facilities.
5.Private recreational facilities.
6.Signs as permitted in section 30-851 et seq.
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d.Conditional uses are as follows:
1.Brewer taprooms producing 10,000 or more barrels of malt liquor annually.
2.Carwashes.
3.Commercial recreational facility.
4.Development of property within 50 feet of the wild and scenic river district.
5.Dry cleaning establishment.
6.Enclosed light manufacturing with related retail sales.
6.7.Educational institutions
7.8.Equipment rental businesses.
9.Governmental facilities.
10.Health care facilities, inpatient
11.Health care facilities, outpatient
8.12.Hospitals
9.13.Hotels.
10.Institutional uses.
11.14.Licensed day care facilities.
12.15.Microdistilleries.
13.16.Motels.
14.17.Motor vehicle service stations.
15.18.Motor vehicle specialty shops.
16.19.Nonprofit clubs, lodges, or halls.
17.20.On-sale liquor establishments.
18.21.Saunaestablishments.
19.22.Shopping centers.
20.23.Vehicles sales and services.
21.24.Veterinary clinics.
e.Bulk regulations. Bulk regulations are listed in sections 30-1041 and 30-1042.
f.Architectural standards. Architectural standards are outlined in section 30-1024
(highway commercial).
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Sec. 38-383. - Exemptions.
All persons engaged in the business activities described in this section shall comply with the
provisions of section 38-414(c). The following business activities shall be exempt from the
requirements of this article. The city clerk shall determine if a business activity falls within these
exemptions, subject to appeal to the city council.
(1)Doing business by appointment. A bona fide appointment is one that is not merely
obtained by going door-to-door in conjunction with the taking of orders, offering for
sale or selling.
(2)Solicitation of orders for future door-to-door delivery of newspapers.
(3)Nonprofit groups that register with the city clerk. No fee is required to so register.
This exemption does not include individuals who are paid to engage in peddling,
soliciting, or transient merchant business.
(4)Selling goods to retail or wholesale stores or to professional or industrial
establishments for retail re-sale only.
(5)Selling or peddling the products of the farm or garden grown and cultivated by such
person, but such activities must comply with applicable health regulations.
(6)All vendors involved in the following community events: Fourth of July Celebration,
Community Festival, Sherburne County Fair, Business Expo, and any other
community event the city council deems exempt.
(7)Garage sales, rummage sales, and craft sales.
(8)Establishing a regular customer delivery route for the delivery of perishable food and
dairy products such as baked goods, milk, and groceries.
(9)Selling goods or admissions to events by K—12 students where the proceeds of such
sales benefit a program or activity in which the student is involved.
(10)Mobile food units listed as part of a special event permit issued by the city. The terms
of the special event permit shall apply. City-sanctioned events are exempt.
(11)Mobile food units contracted by residential property owners for private parties where
food is not sold to guests or any other members of the public. This exclusion does not
include religious or educational institutional uses in the residential zoning district
where mobile food units are contracted to provide food for a public event.
(12)Mobile food units as part of a school sanctioned events on school property.
(13)Mobile food units located on Sherburne County Fairgrounds property.
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Sec. 78-501. -Generally.
(a)The purpose of this article is to satisfy SWPPP obligations for a regulatory mechanism to
control stormwater pollution and illegal discharges under the statewide general permit for
small MS4s. This article sets forth minimum requirements for stormwater management to
diminish threats to public health, safety, public and private property and natural resources of
the community by establishing standards that will:
(1)Protect life and property from dangers associated with flooding;
(2)Protect public and private property from damage resulting from runoff or erosion:
(3)Ensure site design minimizes the generation of stormwater and maximizes pervious
areas for stormwater treatment;
(4)Promote regional stormwater management by watershed;
(5)Protect, maintain and/or restore water quality from nutrients, pathogens, toxics and
debris;
(6)Promote infiltration and groundwater recharge;
(7)Promote water quality treatment for new development, redevelopment, and linear
construction projects.
(b)No person shall develop any land for residential, commercial, or industrial uses, or
institutional facilities uses without having provided the stormwater management measures
set forth herein to control or manage runoff from such development. All water entering the
storm drain system generated on any developed and undeveloped lands, unless explicitly
exempted by the city, shall be protected from illegal disposal/discharge and illegal
connections. Refer to the most current version of the Elk River Stormwater Program Guide
for other requirements.
(c)A separate permit may be needed if the standards in this section are not incorporated into
the review of other city permits.