7.3. SR 08-19-2019 EGty1� ,.,�� Request for Action
River
To Item Number
Mayor and City Council 7.3
Agenda Section Meeting Date Prepared by
Public Hearin s lAugust 19, 2019 Chris Leeseber , Senior Planner
Item Description Reviewed by
Ordinance Amendment: Institutional Uses Zack Carlton,Planning Manager
Reviewed by
Cal Portner, City Administrator
Action Requested
Approve,by motion, the ordinance amendments,including proposed definitions and the various
permitted, accessory, and conditional uses.
Adopt,by motion, a resolution for summary publication of Ordinance No. 19-
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 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 council is now also being asked to review the comprehensive residential amendments.
The residential district amendments are attached for the council's review. The current amendments
(residential, commercial, and industrial) include all references to the term "institutional uses".
The Planning Commission noted a couple uses that were repetitive in the text and had no concerns with
including Residential Facilities in the downtown. (1-6 persons as permitted and 7-16 as conditional)
The Planning Commission unanimously recommended approval of the request.
Financial Impact
None
Attachments
■ Ordinance
■ Zoning Chart
The Elk River Vision
A PehoMing community 2a itb revolutionary and spirited resourcefulness, exceptional POWERED By
service, and community engagement that encourages and inspires prosperity INAWRE1
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City of
Elk -�-�
River
Ordinance 19 -
An Ordinance Amending Chapter 30 Sections,
30-1, entitled "Definitions";
30-383, entitled "Exemptions";
30-938, entitled "Architectural Standards",
30-991, entitled "R-I districts";
30-992, entitled "R-2a district";
30-993, entitled "R-2b district";
30-994, entitled "R-3 townhome district";
30-995, entitled "R-4 district;
30-1022, entitled "C-I central business district";
30-1023, entitled "C-2 office district";
30-1024, entitled "C-3 highway commercial district";
30-1026, entitled "DD downtown district";
30-1584, entitled "MU-ERP mixed use Elk River Plaza district";
30-1587, entitled "Focused area study (FAST)"; and
Chapter 78 Section, 78-501, entitled "Generally", 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 § 30-1, Definitions of the City of Elk River Code of Ordinances shall be
amended to read as follows:
Dwelling, multiple family, means a detached building containing three two or more single-family
dwelling units,with the number of families in residence not exceeding the number of dwefling units
provided. Condominiums and cooperatively owned multiple residential dwellings are multiple-family
dwellings for purposes of article VI of this chapter.
Educational institution means a public, arochial or private institution that provides educational
instruction to students.
Health cap efacility, inpatient means a facility where a patient receives medical treatment while being
admitted for one or more nights, excluding hospitals.
9aiHealth care facility ou atient means a facility where a patient receives medical
and/or op 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,Vrimaril`-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.
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Institutional-facilities includes any of the following uses: educational institution,health care facility
(inpatient or outpatient, or religious institutions.
hfftitutional use means a place or facility which is designed for use as a place of worship,publi-c
set=vice, ed-dcation, and for health care facilities for principally illpatient care.
Medical treatment means a patient receiving medical, dental, and/or optical treatment.
Religious institution means a church or place of worship or religious assembly with related facilities.
Residential, oartment 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-amily 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-a / means one dwelling unit contained in a structure.
Residential�acility 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.
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 Ver
structure in a row or no more than eight dwellings per structure if back-to-back.
SECTION 2.That§ 30-383, Exemptions of the City of Elk River Code of Ordinances shall be
amended to read as follows:
(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 uses in the residential zoning district where mobile food
units are contracted to provide food for a public event.
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SECTION 3.That§30-938,Architectural standards of the City of Elk River Code of
Ordinances shall be amended to read as follows:
(6) Buildings abutting streeresidential, religious 'educational uses, or place of assembly. All
portions or sides of buildings which abut a public street, a residential zone, religious or s�—er
educational usese, 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)43--a
of this section.
SECTION 4. That 5 30-991, R-1 districts of the City of Elk River Code of Ordinances shall be
amended to read as follows:
(b) Permitted uses. Permitted uses in the R-1 districts are as follows:
Agricultural uses (only in the R-1a district on parcels 5 acres or larger
Bed and breakfast establishments, homeowner-occupied.
Farm wineries (only in the R-1a district on parcels 5 acres or larger
Q Open space preservation (as permitted in Section 30-511 et seq.).
Q Public parks.
Residential, single family.
7 Residential facilities (1-6 persons
Q 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) ,e family dwellings per section 30 794,
space;(2) Liceftsed day care facilities for 12 or fewer childTefi-;
(3) Model homes in comphaftee with section 30 8ft
(8) State licensed residential facilities or housing with sefvices establishmeffts registered unde
Afinn. Stats. ch. 144D sefving six or fewer persons,licensed day care &cihfies sefving 1
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fewer persons and group famAy day care facilities licensed under Afinnesota Rules,parts,
9502.0315 to > to sefve 14 or fewer children,
whose pfitn—y V—V—IS to"eat juwfi4es who have violated cr4�nal stat-dtes relating+0
�&Fl Offi--fas-es, Oir hffve beeii adjudicated delinquent on the basis of conduct in Violatioia o
(9) Open space preservatioia development plats within the R !a distr4et
(10) Towers less than 60 feet in heighti
(11) Pr4vate keiiiiels on parcels five buildable acres or greater, excludifig lots located iii c�dste
subdivisions (see subsection (d)(12));
(12) Homeowner occupied bed and breakfast establishments shall he allowed in all residenfi
distr4cts as a permitted use, subject to site plan review,provided the use complies with
a. Off s"eet parking shall he provided at a rate of one space per guest rooffi p�ds those
required for the sitit4,e fatnAyidse. A piggy backed or tandem parking
pertigitted.-
C. Signage shall he lingited to oiae freestandifig sign, iiol to exceed four feet in height aftd
eight square feet iii size, aiad one waH sign not to exceed four square feet in size. Sigils
shall not be Muniiiiated;
d. The ext,,.*-, uppe—ince of the s"ct-dre shall not he altered firom its sifTle fa
e. The proposal shall coffi*with all buiklifig aiad fire code
if the proposed bed and breakfast business does not comply with one or more of the
above cr4teria,it wifl require a conditional use •
(13) Farm winer4es in the R !a zotii�distr4et provided the use does not include on site sales o
any type
lots,(14) Accessoty dwelhiagidfili"S, Oft Sf.-.,Oe fan*detached •
detached
,di-Al or ffi a detached accessory sti=uct-dre
principal sitit4,e fatn4y dwelhnguntit on the lot or after the cons"ttetion of the pr4ncip
d. A detached accessoty dwelhng untit shaR he counted towards the total number o
e. A rewal license for the accessory dwelhnguntit is obtained pursuant to chapter ,
Code;article M, divisioia 3 of the City
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f An accessofy dwelling unit shafl be cleai4y a subordinate part of the priiacipal sifTle
fiatnAy dwelling ttiait on the lot and the living area shaH not be more thaR 1,000 sCrdafe
feet,nor less than 250 square feet in
g. No more thaft two sleepifig rooms shaR be aflowed in an accessory dwellifig unit,
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detached accessory dwellifig til-tits may he
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finished with wood,vifiy4 lap
> metal sidifig, metal panels,
lots less than 27z �2acres in the D lb D 1 D id, D le ,7 residential PUD ,7:,,tr4cts
wood,detached accessofy dwelling ttiaits may be fitaished with Viffyl lap Sidifig,
siding, metal
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setback,dwelling unit tnust confofm to afl City Code requiretneffts for sifTle famAy dwellifigs,
includifig but not linaited to
height, surface,efviotts
cooking,s"ttet-dre standards;
k. in addition to the parking required for the pfincipal sing4e famAy dwellifig tit-tit ofl
lot, there shaH be one off stfeet parking space pro-vided on ati approved surface fo
theaccessotydwelling
1. The property owner must reside iti the pr4ncipal sing4e famAy dwellingul'AlL or in the
accessory dwelhiagunit.-
m. Aa accessoty dwelling imit miist he on the same parcel of property as the princip
to pro-vide separate ownership of an accessoty dwelling univ,
n. The priiacipal sitit4,e faff*dwelling unit and accessoly dwelling ttiait shall have one
postal addfe�-,;
o. An accessory dwelling ttlAl mus"provide for one independent housekeeping tit-A
having
sleeping, and sat-titatyfacilities;
well,p. The principal sitit4,e faff*dwelling titait aiad accessoly dwelling unit shan be sefved by
sifTle septic, mut-ticipalwater, >
building,lines. Separate meters for the respecti es ate aflowed.-
q. The priiacipal sifTle faff*dwelling unit aiad attached accessory dwellifig unit shall
F. The accessoty dwelling unit and the associated pfincipal sint4,e family dwelling tmti
must meet aR current state aiad fire code
plumbing, electrical, >
.,.—..s iticluidifig emergency vehicle access to afty accessoly dwellifig t1fifit.
(c) Accessory uses. Accessory uses in the R-1 districts are as follows:
(1) Accessory dwelling units.
(2) Agricultural buildings.
(3) Home occupations,permitted.
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(4) Kennels, rivate. (On parcels 5 buildable acres or greater.
(5) Parking lots.
(6) Private recreation facilities.
(7) Structures, accessory.
(8) Towers (less than 60 feet in height
(9) Tractor trailer parking�orA in the R-1a district on parcels 5 acres or larger).
(10) Trailer, temporary
(11) Signs (as permitted in Section 30-851 et sec .
(1) Accessory farm s"ttc"es.
(4) Pfivate recreational facilities.
(5) Signs as permitted ift sectioti 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) Cooperativegardening
(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/or on
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 (in the R-1a district
(15) Kennels, rivate (on parcels less than 5 buildable acres or on parcels located in cluster
subdivisions).
(16) Mobile homes, temporary
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(17) Religious institutions
(18) Stables, rivate.
(19) Tractor trailer parking�orA in the R-1a district on parcels less than 5 acres in size)
(20) Wayside stands.
(1) Cofiditional home oectip-l_
(2) Fairground facilities.
(3) Golf courses and cotmft=y clubs.
(4) Goveffimental offices,
(5) Temporary mobile homes used as a residence,
(6) liastitutional uses.
(7) Licetised day care facilities in instit-dtional bui"figs.
(8) Agricult-dral uses in the R !a district Oess than five acre lot-s�.
(9) Agricultural uses in R lb, R le, and R id districts (five a- lot size).
(10) Feedlots iii the R !a district.
(11) Conamercial kennels in the R !a district.
(12) Private keianels on parcels less thaia five bt�Mable acres or iots located in cluste
(13) Trdck"actor and/or trailer parking (platted parcels or parcels less than five acres ifl.
(15) Horticulture and florictilt-dre senmices in preserved open spffee,
(16) Private stables in preserved open space.
(47) Wayside stands in preserved open space.
(48) Thefap-- -------be and sa-una establishments operated as a home occupation.
(49) Cemete i- i i - i lot size four acres.
(20) Non homeowner occ"ied bed and breakfast establishtneffts,located on a collector stree
or above, as idefifified in the city's comprehensive ri plan, shall be-a
conditional use in all residential districts,provided the use complies with the followi
a. Off street parkifig shaH be provided at a rate of one space per guest room plus thos-e
required for the sifTle famAy use. A piggy backed or tandem parking arrangement is
pertnitted,
b. Off street parkifig shaH be provided on m exisfing driveway.
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C. Sigtiage shall he litiaited to one freestanding sign, no,to exceed four feet in height affd
eight scrdare feet in size, and one wall sigp not to exceed four square feet iti size. Sig-fts
shall fiot be illuminated-.
d. The exteti", appeaniqce of the s"ttet-dre shall not be altered from its sifTle fa
e. The proposal shall coff�*with all htiMiag aiad fire code
(21) Farm winer4es in the R !a zotii�distr4ct when ota site sales are iiacluded.
SECTION 5.That§ 30-992, R-2a district of the City of Elk River Code of Ordinances shall be
amended to read as follows:
(b) Permitted uses. Permitted uses in the R-2a district areas 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.
-(I) SifTle fan*dwelfifTR-.
(2) Two fatnAy dwellifT��-.
(3) State licensed residential facilities or housing with sefvices establishmeffts registered t1fide
Afitin. Stats. ch. 144D sefving six or fewer persons,licensed day care facilities sefvifig 1
fewer persons and group faff*day care facilities licensed ttfider Afifinesota Rules,parts,
9502.0315 to 9502.0445, to sefve 14 or fewer children, except that a residef-'fial facili
whose pfitn—y p-,p—is to"eat juveniles who hffve violated efinainal sta"es relating+0
sex off—i— or ha-,te beeft adjudicated delincrdent oft the basis of conduct in-'�:iolatioft o
State Law refereiace—Similar provisioias,Afinn. Stats. 5 462.357, stfhd. .
space.(4) Model homes in cotnpliaiace with section 30 800.
(6) Permitted home occ-,- faff*dwellings.
(c) Accessory uses Accessory uses in the R-2a district are as follows:
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(1) Home occupations, ermitted
(2) Parking lots.
(3) Private recreational facilities.
(4) Signs (as permitted in section 30-851 et sec .
(5) Structures, accessory.
(I)Public shelters and essential sefvices-.
(2) Garages and sheds.
(3) Pfivate recreational facilities.
(4) Signs as permitted iii 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 o---,- sifTle fatnAy dwellifigs=-.
(2) Metal skintied builclings-,
(3) instittitiotial uses.
(4) Goveffimental offices,
(5) Licensed day care facilities with 13 or more childreti iti instit-dtiotial buildings.
(6) Zero lot line development.
(7) Alanufact-dred home parks as defifted in Afinn. Stats. § 327.14, sttbd. .
SECTION 6.That§30-993, R-2b district of the City of Elk River Code of Ordinances shall be
amended to read as follows:
(b) Permitted uses. Permitted uses in the R-2b district areas follows:
(1) Public parks
(2) Residential, multiple family (4 units max)
(3) Residential, single family
(4) Residential facilities (1-6 persons
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(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.
(2) Two family dwellings,
State licensed residetitial facilities or housifig with sefvices establishmeffts registered unde
Afifin. Stats. ch. 144D sefving six or fewer persons,licensed day care facilities sefving 1
fewer persons and gro" faff*day care facilities licensed ttfider Afififtesota RtAes,parts,
9502.0315 to 9502.0445, to sefve 14 or fewer children, except that a residenfial facili
whose pfitn—y paq—e is to"eat juveniles who have violated cfitiainal stafldtes relating+O
sex off—i— or have been adjudicated delinVent on the basis of conduct in violation o
State Law refereiace—Siffigar pro-visions,Afinia. Stats. § 462.357, stfbd. .
(5) Model homes in compliance with section 30 800.
(6) Public parks,playgounds and open space.
(7) Permitted home occ--,-I 1-1 4. lifTle family dwellings.
(c) Accessory uses. Accessory uses in the R-2b district are as follows:
(1) Home occupations,Vermitted
(2) Parking lots.
(3) Private recreational facilities.
(4) Signs (as permitted in section 30-851 et seq.).
(5) Structures, accessory
(1) Public shelters aiad essential sefvices.
(2) Gafages aiad sheds.
(3) Pfivate recreational facilities.
(4) Sigps as permitted in section 30 851 et seq.
(d) Conditional uses. Conditional uses in the R-2b district are as follows:
(7) Day care (in religious institutions)
(8) Educational institutions.
(9) Governmental facilities.
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(10) Home occupations, conditional
(11) Religious institutions
(12) Zero lot line developments.
(2) Metal skinned buAdifig-s-.
(3) Ristitutional uses.
(4) Goveffimefital offices,
(5) Liceftsed day care facilities with 13 or more children iti instit-dtional bumngs.
(6) Zero lot line development.
.
SECTION 7. That � 30-994, R-3 townhome district of the City of Elk River Code of Ordinances
shall be amended to read as follows:
(b) Permitted uses. Permitted uses in the R-3 district areas 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
(2) Duple
(3) Tr4ple
eight dwellings per swdet-dre if back to back.
(5) Model homes in compliance with section 30 800.
(6) Licetised dayeare facilities for 16 or fewer children.
(7) Public parks,playgounds aiad open space.
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(8) State licensed residentfial facilities or housing with sefvices establishments registered unde
Afinn. Stats. ch. 144D sefving six or fewer persons,licensed day care facilities sefving 1
fewer persons and group fan* day care facilities licensed tinder Afinnesota Rules, parts
9502.0315 to > to sefve 14 or fewer children,
except that a residefitial facility
sex offenses or have been adjudicated deliiacrdent on the basis of conduct in violation of
(c) Accessory uses. Accessory uses in the R-3 district are as follows:
(1) Accessory structures.
(2) Home occupations, ermitted
(3) Private recreational facilities.
(4) Signs (as permitted in Section 30-851 et sec .
(1) Public shelters and essential sefvices.
(2) Gafages and sheds.
(3) Pfivate recreatioftal facilities.
(4) Sigps 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 13 or more children).
(3) Educational institutions.
(4) Government facilities
(5) Home occupations, conditional
(6) Religious institutions.
(7) Residential facilities (7-16 Versons�.
(1) Licensed dayeare facilities for 17 or more chilcIfefi,
(2) Goveffimental offices,
(3) Business afid professiotial offices.
(4) instit-dtionaluses.
(6) Ceme .--inmtn lot size four acres.
SECTION 8.That§ 30-995, R-4 district of the City of Elk River Code of Ordinances shall be
amended to read as follows:
(b) Permitted uses. Permitted uses in the R-4 district are as follows:
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(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
(3) Townhouse dwelhtigs (12 units per s"uct-dre tnaxitnum).
(4) Multiple famAy dwelhftgs.
(5) Model homes ift comphaftee with sectioft 30 800,
(6) Licensed day care facilities for 16 or fewer childreft.
(7) Public parks,plaMounds and open space.
(8) State liceftsed residential facilities or housing with sefvices establish.W, 1-.1 teredundef
Afinn. Stats. ch. 144D sefving six or fewer persons,licensed day care facilities sefving 1
fewer persons and gro" fiatnAy day care facilities licensed tinder Afififtesota Rules, Parts
9502.0315 to 9502.0445, to serve 14 or fewer children, except that a residential facility
whose pr4ma,y pu,pose is to "eat Ittv nAes who have violated efiminal stat-dtes relating-+0
sex offenses of have been adjudicated delinquew on the basis of conduct in violation of
(c) Accessog uses. Accessory uses in the R-4 district are as follows:
(1) Private recreational facilities.
(2) Signs (as permitted in section 30-851 et seq).
(3) Structures, accessory
(2) Garages aftd sheds.
(3) Pfivate recreational facilities.
(4) Sigfts as permitted ift 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.
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(5) Manufactured home parks (as defined in Minn. Stats. 327.14, subd. 3.).
(6) Religious institutions.
(7) Residential facilities (7-16 persons)
(8) Zero lot line development.
(1) Outpatiefif heafth care facilities.
(2) Boardinghouses.
(3) insfit-dtional uses.
(4) Licensed day care facilities for 17 or more chAdren.
(5) Goverthmeiatal offices.
(6) Afintistorage.
(7) Zero lot Iiiie developmet-A.
(8) Alatiufact-dred home parks as defined iti Afitin. Stats. § 327.14, .
SECTION 9.That§30-1022, C-1 central business district of the City of Elk River Code of
Ordinances shall be amended to read as follows:
Sec. 30-1022. - C-1 central business district.
(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.
4��Funeral homes.
{x M Health care facilities, outpatient
�10 Hotels.
(10) Outpatient heaM care facilities.
(11) Personal service establishments.
(12) Physical recreation or training.
(13) Public parks.
(14) Restaurants, class I.
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(15) Retail sales.
(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.
44�_Governmental facilities.
(5) Health care facilities,inpatient
k4446) Hospital
(5) instit-dtional uses.
{6)a� Kennel, commercial
e(8� Liquor establishments, on-sale.
(-8)k2 Motor vehicle service stations.
10 Nonprofit clubs,lodges or halls.
{s (11) Religious institutions.
fffl) L? Residential, multiple-family (provided that business/commercial uses occupy the
ground floor below the residential use).
" 13 Restaurants, class II.
�14 Saunas, steam baths, and heat-bathing rooms.
SECTION 10. That �30-1023, C-2 office district of the City of Elk River Code of Ordinances
shall be amended to read as follows:
(b) Permitted uses. Permitted uses in the C-2 district areas follows:
(1) Bed and breakfast establishments, non-homeowner-occupied.
(2) Business offices.
(3) Day cares.
(4) Financial institutions.
(5) Funeral homes.
{ }(6) Health care facilities, outpatient
(6) Outpatient health care facilifies-.
(7) Personal service establishments.
(8) Public parks.
(d) Conditional uses. Conditional uses in the C-2 district are as follows:
(1) Governmental facilities.
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(2)
Healthcare facilities,inpatient
(4}43 Hospitals
(4) rns fitdtio a
(5) Religious institutions.
k2}(6) Saunas, steam baths, and heat-bathing rooms.
SECTION 11.That§ 30-1024, C-3 highway commercial district of the City of Elk River Code of
Ordinances shall be amended to read as follows:
(b) Permitted uses. Permitted uses in the C-3 district are as follows:
(1) Brewer taprooms producing less than 10,000 barrels of malt liquor annually.
(2) Brewpubs.
(3) Business offices.
(4) Carwash facilities.
(5) Day cares.
(6) Dry cleaning establishments.
(7) Financial Institutions.
(8) Firearms, sale of
(9) Funeral homes.
(10) Garden centers.
{ 9}(11) Health care facilities, outpatient
kL1}(12) Hotels.
k1-2}(13) Liquor establishments, on-sale.
"414 Motels.
{x}(15) Motor vehicle service stations.
k1-5}(16) Motor vehicle sales (maintenance and repair prohibited.
Personal service establishments.
{x}(18) Physical recreation and training.
{ 8}(19) Produce markets.
k1s}}(20) Public parks.
{20}(21) Restaurants, class I
k2� 22) Restaurants, class II
k2� 3) Retail sales.
(d) Conditional uses. Conditional uses in the C-3 district are as follows:
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(1) Brewer taprooms producing 10,000 or more barrels of malt liquor annually).
(2) Commercial recreational facilities.
(3) Equipment rentals.
(4) Governmental facilities.
(5) Health care facilities,inpatient
{4}(6)Hospitals
(5) institutional uses.
{6)(7)Landscaping Contractor Yards. (outside of the Urban Service District)
e(8)Liquor establishments, off-sale (municipally owned).
{�}(5)Manufacturing, light (enclosed with related retail sales).
{q}(10) Microdistilleries.
{"}(l1) Ministorage (provided that the use is on unplatted land outside the urban service
district .
{x}(12) Motor vehicle repair shops.
{x}(13) Motor vehicle sales.
{x}(14) Motor vehicle specialty service stations.
(15) Pawnshops
{x}(16) Religious institutions.
{x}(17) Saunas, steam baths, and heat-bathing rooms.
{x}(18) Shopping centers.
{ 7}(19) Veterinary clinics.
SECTION 12.That§30-1026, DD downtown district of the City of Elk River Code of
Ordinances shall be amended to read as follows:
(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 (� and the site plan review process set forth in
subsection (g) of this section:
(1) Brewer taprooms (producing less than 10,000 barrels of malt liquor annually.
(2) Brewpubs.
(3) Business offices.
(4) Commercial recreational facilities.
(5) Day cares.
(6) Dry cleaning establishments.
(7) Financial institutions.
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{�}(8) Health care facilities, outpatient.
k�4 Hotels.
k9UMW)--Nonprofit clubs,lodges or halls.
(10) Outpatient health care facilities,
(11) Personal service establishments.
(12) Physical recreation and training.
(13) Public parks.
(14) Residential, multiple-family (provided that business/commercial uses at street level occupy
the floor).
fN 5) Residential facilities (1-6 persons
k1 6)—Restaurants, class I.
{�(17) Retail sales.
(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.
{�}(5) Hospitals.
(4) institutional uses. (worship facilities oWy)
k5)(6) Liquor establishments, on-sale.
(7) Produce markets.
(8) Residential facilities (7-16 persons).
k6)(9) Saunas, steam baths, and heat-bathing rooms.
SECTION 13. That �30-1584, MU-ERP mixed use Elk River Plaza district of the City of Elk
River Code of Ordinances shall be amended to read as follows:
(d) Sub.Zone C. Commercial.
(3) Conditional uses are as follows:
a. Carwashes.
b. Class II restaurants.
c. Commercial recreation, outdoor.
d. Commercial recreational facilities,indoor.
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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.
1. Licensed day care facilities.
in. 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.
q7r. Religious institutions.
mss. Sauna establishments.
�t_Shopping centers.
t-.u. Veterinary clinics.
SECTION 14.That§30-1587, Focused area study (FAST) of the City of Elk River Code of
Ordinances shall be amended to read as follows:
(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 daycafe facilities (16 or fewef childrefi)-.
21. Model homes in compliance with section 30-800.
3-.2. Public parks.
duplexes,4. Residential,
3. Residential, apartments.
-5-.4. Residential, multiple-family.44 units max .
5. Residential, .
n.,Ae family.
6. Residential facilities. (1-6 persons)
6-.7. Townhouses, attache7. Residential, d
.
8. State licensed residential facilities or housing.
c. Accessory uses are as follows:
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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. liastitutional uses.
�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 tintits per stme"e).
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.
-7-.8. Mail order operations.
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8. OuTatient health care facilities.
9. Physical recreation and training.
10. Printing shops.
11. Professional offices.
12. Public parks.
13. Research and development facilities.
14. Restaurants, class I.
15. Restaurants, class II.
16. Retail sales establishments.
17. School,vocational.
18. Warehouses (not exceeding 50 percent of the entire building).
19. 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. instit-dtional uses.
9. Health care facilities,inpatient
10. Hospitals
4&11. Kennels, commercial.
412. Laundry establishments.
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42-.13. Loading areas (when overhead doors are located in front yards).
4-3-.14. Manufacturing,light enclosed with related retail sales.
44,15. Microdistilleries.
4-5-.16. Motor vehicle repair shops.
46-.17. Nonprofit clubs.
418. Recycling processing centers.
419. Storage tanks.
420. Telecommunication operations.
2&21. Vehicle sales and services.
24-.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).
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
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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 dayeare facilities for 16 or fewer cl-AdTvn,
-7-.5. Professional offices.
8-.6. Public parks.
9. Residential, .
7. Residential, apartments.
4&8Residential, multiple-family. (4 units max
44-.9. Residential, single-family.
42-.10. .Residential facilities
(1-6 persons)
11. 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.
13. State licensed residential facilities or housing.
12. Towers,up to 60 feet in height.
44,13. 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.
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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.
6 Floriculture,in preserved open space
6-.7. Health care facilities,inpatient
-7-.8. Home occupations, conditional.
8-.9. Horticulture,in preserved open space.
n Ristitutional uses.
10. Kennels, commercial.
11. Kennels,private, on parcels less than five acres.
12. Licensed day care facilities for 4-7-13 or more children.
13. Residential, multiple-family,provided that business/commercial uses at street
level occupy the floor.
4-3-.14. Residential facilities (7-16 persons)
44,15. Stables,private.
4-5-.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) Oce 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
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6-.7 Mail order operations.
-7-.8. Manufacturing,light.
8. Outpatient heahh care facilities.
9. Personal service establishments.
10. Physical recreation and training.
11. Professional offices.
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.
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10. Health care facilities,inpatient
9,11. Hospitals
40,12. Hotels.
!I. instit-dtional uses.
n
4-?13. Kennels, commercial.
4-3-.14. Laundry establishments.
44,15. Loading areas (when overhead doors are located in front yards).
45-.16. Manufacturing,light, enclosed with related retail sales.
4-6r.17. Microdistilleries.
4-7,18. Motels.
4-8-.19. Motor vehicle repair shops.
4-9,20. Motor vehicle service stations.
24.21. Motor vehicle specialty shops.
222. On-sale liquor establishments.
22:23. Recycling processing centers.
224. Sauna establishments.
24,25. Shopping centers.
226. Storage tanks.
26-.27. Vehicle sales and service.
228. Veterinary clinics.
229. 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) Diver rest residential(F) .
a. Purpose. Subzone T" 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.
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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)
10. State licensed residential facilities or housing-.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, arts 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.
9-.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. instit-dtional uses.
6. Kennels,private.
7. Licensed day care facilities in religious 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) Huy 10/169 Service Commercial(G) .
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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.
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
both 171 Sand 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.
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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 barrels of malt liquor annually.
2. Commercial recreation facilities.
3. Development of propet=ty within the 50 foot setback of the wild and ---
distr a
43 Dry cleaning establishments.
-54. Financial institutions.
6-.5. Governmental facilities.
7. liastitutioiaal 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
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(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 block the 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.
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 Gatewgy (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.
P a N E R E R R Y
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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.
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-.8Equipment rental businesses.
9. Governmental facilities.
10. Health care facilities,inpatient
11. Health care facilities, outpatient
8-.12. Hospitals
9,13. Hotels.
1 n inst t-dtiona uses.
44-.14. Licensed day care facilities.
4-?15. Microdistilleries.
44,16. Motels.
44,17. Motor vehicle service stations.
475,18. Motor vehicle specialty shops.
4-6r.19. Nonprofit clubs,lodges, or halls.
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4,7,20. On-sale liquor establishments.
421. Sauna establishments.
422. Shopping centers.
20,23. Vehicles sales and services.
224. 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).
SECTION 15.That§78-501, Generally of the City of Elk River Code of Ordinances shall be
amended to read as follows:
(b) No person shall develop any land for residential, commercial, or industrial uses; or
institutional facilities arses 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.
SECTION 16. That this ordinance shall take effect upon adoption and be published as provided by
law.
Passed and adopted by the City Council of the City of Elk River this 19th day of August, 2019.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City Clerk
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City of
Elk
River
Resolution 19-
A Resolution of the City of Elk River approving notice of summary
publication of Ordinance No. 18- ,
an Ordinance Amending Chapter 30 Sections,
30-1, entitled "Definitions";
30-383, entitled "Exemptions";
30-938, entitled "Architectural Standards";
30-991, entitled "R-I districts";
30-992, entitled "R-2a district";
30-993, entitled "R-2b district";
30-994, entitled "R-3 townhome district";
30-995, entitled "R-4 district;
30-1022, entitled "C-I central business district";
30-1023, entitled "C-2 office district";
30-1024, entitled "C-3 highway commercial district";
30-1026, entitled "DD downtown district";
30-1584, entitled "MU-ERP mixed use Elk River Plaza district";
30-1587, entitled "Focused area study (FAST)"; and
Chapter 78 Section, 78-501, entitled "Generally", of the City of Elk River,
Minnesota, City Code
WHEREAS, on August 19, 2019, the Elk River City Council adopted Ordinance No. 19-
Amending Chapter 30 Sections, 30-1, entitled "Definitions"; 30-383,
entitled "Exemptions"; 30-938, entitled "Architectural Standards"; 30-991,
entitled "R-1 districts"; 30-992, entitled "R-2a district"; 30-993, entitled "R-
2b district"; 30-994, entitled "R-3 townhome district"; 30-995, entitled "R-
4 district; 30-1022, entitled "C-1 central business district"; 30-1023, entitled
"C-2 office district"; 30-1024, entitled "C-3 highway commercial district";
30-1026, entitled "DD downtown district"; 30-1584, entitled "MU-ERP
mixed use Elk River Plaza district"; 30-1587, entitled "Focused area study
(FAST)"; and Chapter 78 Section, 78-501, entitled"Generally", of the City
of Elk River,Minnesota, City Code; and
WHEREAS, Minnesota Statutes, Section 412.191, Subd. 4 allows publication by title and
summary in the case of lengthy ordinances; and
WHEREAS, the City Council finds that the following summary will clearly inform the
public on the intent and effect of Ordinance No. 19-_; and
WHEREAS, a copy of the full text of Ordinance No. 19--is available for inspection by
any person at the office of the Elk River City Clerk, 13065 Orono NATUREJ
during regular business hours — 8:00 a.m. to 4:30 p.m.,Monday through
Frida�p.cii.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk
River,Minnesota, as follows: That the City Council,by at least four-fifths votes, authorizes
publication of the title and the following summary of Ordinance No. 19-_.
Public Notice
During their August 19, 2019, meeting, the City Council adopted Ordinance No. 19-_, an
ordinance amending Chapter 30 Sections, 30-1, entitled "Definitions"; 30-383, entitled
"Exemptions"; 30-938, entitled"Architectural Standards"; 30-991, entitled "R-1 districts";
30-992, entitled "R-2a district"; 30-993, entitled "R-2b district"; 30-994, entitled "R-3
townhome district"; 30-995, entitled "R-4 district; 30-1022, entitled "C-1 central business
district"; 30-1023, entitled "C-2 office district"; 30-1024, entitled "C-3 highway commercial
district"; 30-1026, entitled "DD downtown district"; 30-1584, entitled "MU-ERP mixed
use Elk River Plaza district"; 30-1587, entitled "Focused area study (FAST)"; and Chapter
78 Section, 78-501, entitled "Generally", of the City of Elk River,Minnesota, City Code
In summary, Ordinance No. 19-_makes the following changes to the aforementioned
sections of the city code:
1. Adoption of additional definitions for various residential and institutional uses to
combine like uses, clarify residential uses, separate educational,religious, and
healthcare uses from the current"institutional use" definition and adopt a new
definition of"Residential Facility".
2. Remove uses that are no longer relevant or have been determined not to be the
highest and best use with a given zoning district.
3. Make some conditional uses that are not anticipated to negatively affect the public
health, safety, and general welfare of residents permitted uses.
4. Alphabetize uses within each of the respective zoning districts.
Passed and adopted this 191h day of August 19, 2019.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City NATUREJ
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