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ORD 19-15OW*AW— ver Ordinance 19 - 15 Strikedifoughs to be removed Underlines to be added An Ordinance Amending Chapter 30 Sections, 30-I, 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- 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, 78-50 I, 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 two or more single-family dwelling units, premed. Condominiums and cooperatively owned multiple residential dwellings are multiple -family dwellings for purposes of article VI of this chapter. Educational institution means a public -.parochial, or private institution that provides educational instruction to students. Health care jacilil r, in;-atient means a facilii where a patient receives medical treatment while bOng admitted for one or more hts excluding hos pitals. 8"atie4�Health care facility ou atient means a facility where a patient receives medical-, e , treatment without being admitted-gygtnight. Hopital means an institution, licensed by the state department of health ptoviding primag health services and medical or sur�ical,� care to persons, primarily inpatients, suffering from illness_ disease, injux► deformiti and other abnormal ph} sical or mental conditions, and including as an integral part of the institution, related facilities such as laboratories, outpatient facilities, or training facilities. ?1:E1f1 11 i�IXi Last Updated January 2019 Sw;kethrs to be removed Underlines to be added Institutional acilities includes any of the follow' , uses: educational institution health care facili . (inpatient or outpatient), or religious institutions. Medical treatment means a patient receiving medical dental and oro tical treatment. Religious institution means a church or place of worship or religious assembly with related facilities. Rejidentiakeowment means two or more dwe � is attached b a series of common or az r walls in which each unit has access to an inside common hallway and each unit ma , be for rent or owner-occu ied. Residentia4 muft Le- amity 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 sin le- ami means one dwe unit contained in a structure. Residential adfi , means ani facility. public or private, which for gain or otherwise regularly rovides one or more persons with a 24-hour pet day substitute for care food lodgLing,training,education sppervision. rehabilitation. habilitation, and treatment they need, but which for an), 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 exce t ass ecificall excluded in identical exclusions to those set forth in the definition of "dai- care facili in this section which are inco orated within this definition as thopgh full set forth herein. A residential facili , does notprovide medical treatment as defined in this section. Townhouse, attached, means sone -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 pam, walls. There shall be no more than six dweULngs per structure in a row or no more than eight dwellinits 12er 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 reli�rious or educational insfitutiefift uses in the residential zoning district where mobile food units are contracted to provide food for a public event. p I I I I I I IT NATURE Last Updated January 2019 Sw;kethr-eeghs to be removed Underlines to be added 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 #m4; residential, religious, yt=- g aleducational uses or place of assembly. All portions or sides of buildings which abut a public street, a residential zone, religious or s--er mal --educational usesor- mane, 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. SECTION 4. That § 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: 41� Agdcultural uses (oWin the R -1a district on parcels 5 acres or larger). .(2) Bed and breakfast establishments. homeowner -occupied. ,(3) Farm wineries onl in the R -1a district on parcels 5 acres or larger'. 44 Offen space ❑reservation as permitted in Section 30-511 et seg.]. 45 Public 12arks. 46 Residential, single fam&- 4Z Residential facilities (1-6 persons). State licensed residential facilities or a housing; with services establishment registered under cha after 144D serving six or fewer persons, a licensed day care facilitcr serving 12 or fewer persons and a gr, oup famib 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 puMoses of zoning. excgpt that a residential facility- whose primary2umose is to treat iuveniles 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. 10 �Z7-- L1�r1.11JV4 IAQV .+[Ll.. aR\.iai u�.a� ava a�... va acv. vi vaua.aiv++, J (3) Model homes in eamplianee with seetion 30 800-, f parks,p6ygreunds and open sp*ee,- (6) 7 NATWE Last Updated January 2019 to be removed Underlines to be added 9502.0315 to 9502.04 > > whose piifn 9 to treat jtwetiiles who have violated er��A stmutes r -elating -to (10) Towei-s less diff -a 60 feet in he-ipht-, (11) Private kennels oft petreds fwe bttAdeble itc-tes or- greater, exeluding lots loeffted in eluster stibdiv4siaiis (see subseetion (d)(42)),- (12) Homeowner aeeupied bed a-nd brealefftst establishments shA be allowed in all r-esidefiti distriets as a pemifted use, s*eet to site pifta review, pi-evided the tise eaftiplies with t following tea: a. Off street p*ddag shall be pr-&vided ftt a nte of ofte spotee per guest i-oaffl plus thes-e , eight squafe feet ift sii!e, afld atie w&H sign ffet to emeeed fatif squave feet ia si�e. Sig, Shan not be &UMinated-, d. Pie ext fiee of the strue"e sh*H ftet be altei-ed from its single fa eharaeter-, (13) Fftffn wifteties in the R 4 ft maning disteiet pi-av4ded the use does net inelude on site sales a ftRy type" dee s,;etme , *t=tide M, division 3 of the City ,. NATURE Last Updated January 2019 to be removed Underlines to be added (c) Accessory uses. Accessory uses in the R-1 districts are as follows: (1) Accessory dwelling units. kj (2) Agdcultural buil s. (3) Home ocgWations,permitted. I I i E i i i I T NATURE Last Updated January 2019 - - - --MR I I- - - _ - rwppqrg-_�. low - Y- - - - - "PW_ -- (c) Accessory uses. Accessory uses in the R-1 districts are as follows: (1) Accessory dwelling units. kj (2) Agdcultural buil s. (3) Home ocgWations,permitted. I I i E i i i I T NATURE Last Updated January 2019 goikeffimughs to be removed Underlines to be added (4) Kennels, Vrivate. (On parcels 5 buildable acres or greater]. (5) Parking lots. (6) Private recreation facilities. (7) Structures, accessory. (8) Towers , ess than 60 feet in height (9) Tractor trailer parking (oj* in the R -1a district on parcels 5 acres or larger). (10) Trailer. temporary (11) Signs (as permitted in Section, 30-851 et seg.). (15) SiMs as perntitted in seetieft 30 851 et seq. (d) Conditional uses Conditional uses in the R-1 districts areas follows: (1) Agricultural uses (in the R -lb, 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-occu ied. (3) Cemeteries(nm ulimutn 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) DaG care: (in rdjj} ous, 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 onl in the R -1a district on parcels 5 acres or lar er . (10) Golf courses and country clubs. (11) Government facilities. (12) Home occu ations conditional. (13) HorticWtgral,uses. (14) Kennels. commercial (in the R -1a district). (15) Kennels ririvate [on parcels less than 5 buildable acres or on parcels located in cluster subdivisions). (16) Mobile homes, temporary Last Updated January 2019 tIItaII 11 NXTURE Swtketkteaghs to be removed Underlines to be added (17) Religious institutions (18) Stables,.private. (19) Tractor trailer paLkigg (only in the R -1a district on parcels less than 5 acres in size' (20) Wayside stands. Last Updated January 2019 INATUREI r Mll -76"; �, =MW". 6 Last Updated January 2019 INATUREI gtiikedwetThs to be removed Underlines to be added 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 are as follows: (1) Public parks (2) ResidentiaL multi le familw 2 units max (3) ResidentiaL single family (4) Residential facilities i1-6 persons). (5) State licensed residential facilities or a housing with services establishment registered under chaster 144D serving six or fewer persons, a licensed day care facility serving 12 or fewer persons, and a grgun 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 favi 4 whose primary pgMose 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- dwegmgs- (c) Accessory uses Accessory uses in the R -2a district are as follows: Last Updated January 2019 �erE�i1 sr [NATURE] PURI (c) Accessory uses Accessory uses in the R -2a district are as follows: Last Updated January 2019 �erE�i1 sr [NATURE] M to be removed Underlines to be added (1) Home occunTtions,_permitted (2) Parte (3) Private recreational facilities. (4) Signs as permitted in section 30-851 et se .). (5) Structures. accessory. (4)Pubhe shek-ers and essential (2) Gar*ges afid sheds, (3) Primate-feere*`iene-t r _:t:�_ (4) Sig kted in seetieft 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) Re Wous institutions. (6) Zero lot line developments. (2) Meta! skinned btikfiags. 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 are as follows: (1) Public parks (2) Residentialmulti le famil 4 units max (3) Residential, single familk (4) Residential facilities (1-6persons). Last Updated January 2019 EI■IaII I ak, to be removed nderbries to be added (5) State licensed residential facilities or a housing with services establishment registered under chapter 144D serving six or fewer persons, a licensed dar care facili • seming 12 or fewer persons_ and a group family daycare 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 facili.t� whose primaU 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 fim* dweRiegs. (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) SiZns as permitted in section 30-851 et seal_,. (5) Structures.accessor� (2) Gftrages and sheds. (4) Signs fts pemiiffed in seetion 30 854 et seq. (d) Conditional uses Conditional uses in the R -2b district areas follows: (7) DU care (in rgWous institutions) (8) Educational institutions. (9) Governmental facilities. NATUR Last Updated January 2019 to be removed Underlines to be added (10) Home occupations, conditional (11) Religious institutions (12) Zero lot line developments. 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 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 dad care facilirY serving 12 or fewer persons- and a groM famil da care facili licensed under Minnesota Rules arts 9502.0315 to 9502.0445 to serve 14 or fewer children shall be considered a permitted sinje family residential use of propeM for the purposes of zonin,-r. except that a residential facility whose primaa 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 NATUR VR� Last Updated January 2019 to be removed Underlines to be added ■ i.. (c) Accessory uses Accessory uses in the R-3 district are as follows: (1) Accessory structures. (2) Home occu ations permitted (3) Private recreational facilities. (4) S&ps (as permitted in Section 30-851 et.se (d) Conditional uses Conditional uses in the R-3 district are as follows: (1) Cemeteries minimum lot siz acres (2) Daycare, licensed (for 13 or more children). (3) Educational institutions. (4) Government facilities (5) Home occul)ations, conditional (6) R"ous institutions. (7) Residential facilities -16 persons). ECTION 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: Last Updated January 2019 E111 �1 iilR StdEethfoughs to be removed Underlines to be added (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 housinjZ with services establishments registered under Minn. Stats. ch. 144D serdng six or fewer ersons licensed day care facilities serving 12 or fewer persons and group family day care facilities licensed under Minnesota Rules, 12arts 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 relatin,�� 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 (15) Model hemes in eemplianee with seetion 30 800. - W. ...WWI . . . �-Vrp (c) Accessory uses Accessory uses in the R-4 district are as follows: (1) Private recreational facilities. (2) Signs ,as permitted in section 30-851 et se,} (3) Structures. accessory (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. rIVIIII II NATURE Last Updated January 2019 StrikediT�ettgbs to be removed Underlines to be added (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. SECTION. 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. _Funeral homes. (8)(9] Health care facilities. outpatient (9) 1f Ol—Hotels. (11) Personal service establishments. (12) Physical recreation or training. (13) Public parks. (14) Restaurants, class I. r e r E l E l 1 1 NQTURC Last Updated January 2019 to be removed Underlines to be added (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 {4)kW__ Hosital (5) Institutional uses, {6)[7l Kennel, commercial eM Liquor establishments, on -sale. {8 k2 _Motor vehicle service stations. _Nonprofit clubs, lodges or halls. {1} 11 Re � W ous institutions. 00) 1( 2,Residential, multiple -family (provided that business/commercial uses occupy the ground floor below the residential use). "=—Restaurants, class Il. {l-2) 1( 4) 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 are as follows: (1) Bed and breakfast establishments non -homeowner -occupied. (2) Business offices. (3) Daj . cares. (4) Financial institutions. .f5) Funeral homes. {�to_ Health care facilities. ourpatient (7) Personal service establishments. (8) Public patks., (d) Conditional uses. Conditional uses in the C-2 district are as follows: 1 Governmental facilities. PIVIAII /t NQ�RE Last Updated January 2019 £ti-ikethroughs to be removed Underlines to be added (2) Healthcare facilities. inl2atient f I}L3)_... Hospitals A4. . ifistitutional (5 Religious institutions. {2}� . 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 W-irooms,;producing less than 10,000 barrels of malt liquor annually]. (2) Bxewgubs. (3) Business offices. (4) Carwash fa Mies. (5) Dater cares. (6) Dry cleaningestablishments. (7) Financial Institutions. (8) Firearms, sale of (9) Funeral homes. (10) Garden centers; f�A}f11) Health care facilities. out�satient {}f 12) Hotels. f��13) Licluox establishments, on -sale. kl-3 U4) Motels. "di -Motor vehicle service stations. {I -S}(16) Motor vehicle sales (maintenance and repair }prohibited)_ 0-6 117) Personal service establishments. {-7} 18 Ph sical recreation and trainin f�UT Produce markets. f�k20) Public parks. {2*a Restaurants, class I f21- 22) Restaurants, class II f2-2- k23) Retail sales. (d) Conditional uses Conditional uses in the C-3 district areas follows: Last Updated January 2019 F 1/ E 1 1 1 1 : Strikethroughs to be removed Underlines to be added (1) Brewer tal2rooms,(pto�g 10,000 or more barrels of malt liquor annuaW_ (2) Commercial recreational facilities. (3) E ui ment rentals. (4) Governmental facilities. 5 Health care facilities inpatient {4 LH"s itals {6)kaLaridscaping Contractor Yards. outside of the Urban Service District {�}f 8] Liquor establishments, off -sale (municipally ownedj� {S 9 Manufacturin light enclosed with related retail sales'.. {9}(10) Microdistilleries. {4$}(11) Ministorage {provided that the use is on unlatted land outside the urban service district] {4 12 Motor vehicle re air shops- --- fl -2 [L 3) Motor vehicle sales. 0.3 f 14 Motor vehicle st�ec alt service stations. (15) Pawnshops " 16 Re ous institutions. {43} 17 Saunas steam baths and heat-bathin rooms. {16}(18] Shopping centers. {47) 1f 9) -_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 (f) and the site plan review process set forth in subsection (g) of this section: (1) Brewer to rooms (produging less than 10,000 barrels of malt bquor annua (2) Brewpubs. (3) Business offices. (4) Commercial recreational facilities. (5) Day cares. (6) Dry cleaning establishments. (7) Financial institutions. Last Updated January 2019 fl■tRE1 INATUREI to be removed Underlines to be added e 8} Health care facilities, outpatient. (8}L2Hotels. (9)(l 0) Nonprofit clubs. lodges or halls. (11) Personal service establishments. (12) Physical recreation and training.. (13) Public parks. (14) Residential. multiple -family (provided that business/commercial uses at street level occWv the floor . fM4 15] Residential facilities (1-6 neer__sons]. {x[16} Restaurants, class I. (lfr}U7) 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 (� 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 annuft. (2) Funeral homes. (3) Governmental facilities. (4) Health care facilities, inpatient. (3} 5) Hospitals. (5}(6) Liquor establishments, on -sale. hL Produce markets. (8) Residential facilities i7-16 persons {H}(92 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. Last Updated January 2019 NAIPURE I I�EAE/ II .Strike4ireughs to be removed Underlines to be added 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. lastitatieffal UsesHealth care facilities. outpatient. 1. 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). Produce markets. q:r. Religious institutions. mss. Sauna establishments. ist_Shopping centers. amu. 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: 21_Model homes in compliance with section 30-800. .2. Public parks. duplexes;4. Residetitial-, 3. Residential. apartments. Residential, multiple -family. 4units max . 5. 6. Residential facilities. 1-6 persons) 6-.7. Townhouses. attached kic. Accessory uses are as follows: Last Updated January 2019 gw�kethr-eugks to be removed Underlines to be added 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. insttifutietrtl uses: -5-.6. Licensed day care facilities (4-713 or more children). 6-.7. Nonprofit clubs. 8. Professional offices. 8:9. _Residential facilities (7-16 persons) 9-.10. Townhomesattached 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. -.6. Health care _facilities, outpatient 6,27. Light manufacturing. 7-.8. Mail order operations. Last Updated January 2019 NATURE �^',�•,�.,,,..�.-.,.r�z�.r-�,.h.,�. �.,.:_..�.�.....�... .«.,.,�..,_---...; ...-•_.---r..-.. ,,-... ..... �-- __..._..:... �-.��,. �� ...m,....<>:��........,.�.r.�:=ire-r .�.. .«*ax�+.a.-�.�. A-.�� Shikethr,oughs to be removed Underlines to be added 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. o ins6tutio a . 9. Health care facilities inpatient 10. Hospitals 4&11. Kennels, commercial. 4442. Laundry establishments. ® V E R i l I T NATURE Last Updated January 2019 to be removed Underlines to be added 413. Loading areas (when overhead doors are located in front yards). 43:14. Manufacturing, light enclosed with related retail sales. 415. Microdistilleries. 4-5-.16. Motor vehicle repair shops. 4017. Nonprofit clubs. 418. Recycling processing centers. 419. Storage tanks. 49-20. Telecommunication operations. 2-0-.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 (P). 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 lIVEIII Ir NATURE Last Updated January 2019 Riikedireughs to be removed Underlines to be added 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. 6. Model h phanee veith section 30 8W. 7-.5. Professional offices. 8-.6. Public parks. duplexes.9. Residefftial, 7. Residential, apartments. 48:8_ Residential, multiple -family. (4 units max 44--.9. Residential, single-family. 4-2-.10. Residential facilities (1-6 persons) 11. State licensed residential facilities or a housing with services establishment re�ristered under chapter 144D serving six or fewer persons, a licensed day care facility serving 12 fewer 12ersons, and a group far2a, day care facili:�_ licensed under Minnesota Rules. darts 9502.0315 to 9502.0445 to serve 14 or fewer children shall be considered a permitted single family residential use of prop= for the purposes of zoning except that a residential facility whose nrimaa 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. 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. Last Updated January 2019 F 1 T1 1 a I a i T FNZAAiLJRE StrAethfo%,hs to be removed Underlines to be added 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. 9. iftstitutional uses. 10. Kennels, commercial. 11. Kennels, private, on parcels less than five acres. 12. Licensed day care facilities for 413 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. 416. 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) Ofce 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 Last Updated January 2019 .�7 ke Ii-eugks to be removed Underlines to be added 6-.7. Mail order operations. -7-.8. Manufacturing, light. 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. Last Updated January 2019 1111111 11 NATURE 8ft*edtreugk9 to be removed Underlines to be added 10. Health care facilities, inVatient 941. Hospitals 444,12. Hotels. 4z?13. Kennels, commercial. 414. Laundry establishments. 44,15. Loading areas (when overhead doors are located in front yards). 416. Manufacturing, light, enclosed with related retail sales. 4:17. Microdistilleries. 4-7-.18. Motels. 419. Motor vehicle repair shops. 49.20. Motor vehicle service stations. 2&21. Motor vehicle specialty shops. 24-.22. On -sale liquor establishments. 22:23. Recycling processing centers. 2-3:24. Sauna establishments. 24,25. Shopping centers. 226. Storage tanks. 2fr.27. Vehicle sales and service. 228. Veterinary clinics. 2$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. Last Updated January 2019 NATURE Stiikethroughs to be removed Underlines to be added 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 a housing with services establishment registered under_chgpter 144D serving six or fewer persons, a licensed day care facffi° 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, excelat that a residential facility whose 12rimar?purpose is to treat juveniles who have violated criminal statutes relaxing 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. 911. 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. 23. Educational institutions. 1:4. Governmental facilities. 4.-5. Horne occupations, conditional. 6. Kennels, private. 7. Licensed day care facilities in insfitttfiaitftl bti4 apreligious 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) . 10VEaI1 f1 NATURE Last Updated January 2019 Striked-tFoughs to be removed Underlines to be added 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 "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. Healthcare facilities, ou atient 6. Personal service establishments. 7. Physical recreation and training. 8. Printing shops. 9. Professional offices. 10. Public parks. 11. Research and development facilities. Last Updated January 2019 /REI[1 11 NATURE to be removed Underlines to be added 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. 43. Dry cleaning establishments. 4. Financial institutions. 66. Governmental facilities. 1 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 f1IEIEI IT IINATUREI Last Updated January 2019 Stt-ike�s to be removed Underlines to be added (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 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. Last Updated January 2019 IpI E R E I I Y NATURE StAi,edirettgh-s to be removed Underlines to be added 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. 63:7. Educational institutions -7-.8. Equipment rental businesses. 9. Governmental facilities. 10. Health care facilities, inpatient 11. Health care facilities, outpatient 8:12. Hospitals 913. Hotels. 40. institutional uses. 44-.14. Licensed day care facilities. 42-.15. Microdistilleries. 416. Motels. 44:17. Motor vehicle service stations. f 4-5:18. Motor vehicle specialty shops. 46.19. Nonprofit clubs, lodges, or halls. Last Updated January 2019 [NATURE] to be removed Underlines to be added 420. On -sale liquor establishments. 421. Sauna establishments. 4-9-22. Shopping centers. 2&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 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. 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. J n J. 1 ietz, . ayor ATTEST: Tina Allard, City Clerk Last Updated January 2019 E I I I I I I I i �IAiURE1 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF SHERBURNE Elise Strecker being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspaper(s) known as: Star News with the known office of issue being located in the county of: SHERBURNE with additional circulation in the counties of: WRIGHT and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 08/24/2019 and the last insertion being on 08/24/2019. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial p rtion of the newspaper(s circul 'on ' in latter By: Designated Agent Subscribed and sworn to or affirmed before me on 08/24/2019 by Elise Strecker. _ ` M ati otary Public -,, DARLENE MARIE MACPHERSON R. Notary Public Minnesota 1; !,,,,,'` My G issi n Expires January 31. 2024 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $23.00 per column inch Ad ID 969308 CITY OF ELK RIVER RESOLUTION 19-0 A RESOLUTION OF THE CITY OF ELK RIVER APPROVING NOTICE OF SUMMARY PUBLICATION OF ORDINANCE NO. 19-15, 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 11R-2A DISTRICT"; 30-993, ENTITLED "R-213 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 WHEREAS, on August 19, 2019, the Elk River City Council adopted Ordinance No. 19-15 Amending Chapter 30 Sections, 30-1, enti- tled "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 busi- ness district'; 30-1023, entitled "C-2 office district"; 30-1024, en- titled "C-3 highway commercial district'; 30-1026, entitled "DD downtown district'; 30-1584, enti- tled "MU-ERP mixed use Elk River Plaza district'; 30-1587, entitled "Focused area study (FAST)"; and Chapter 78 Section, 78-501, enti- tled "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. 19-15; and WHEREAS, a copy of the full text of Ordinance No.19-15 is avail- able for inspection by any person at the office of the Elk River City Clerk, 13065 Orono Parkway, during reg- ular business hours - 8:00 a.m. to 4:30 p.m., Monday through Friday. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, as follows: That the City Council, by at least four -fifths votes, authorizes publication of the title and the fol- lowing summary of Ordinance No. 19-15. Public Notice During their August 19, 2019, meeting, the City Council adopted Ordinance No. 19-15, 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 dis- trict; 30-1022, entitled "C-1 central business district"; 30-1023, enti- tled "C-2 office district"; 30-1024, entitled "C-3 highway commercial district"; 30-1026, entitled "DD downtown district"; 30-1584, enti- tled "MU-ERP mixed use Elk River Plaza district"; 30-1587, entitled "Focused area study (FAST); and Chapter 78 Section, 78-501, enti- tled "Generally", of the City of Elk River, Minnesota, City Code In summary, Ordinance No. 19- 15 makes the following changes to the aforementioned sections of the city code: 1. Adoption of additional defi- nitions for various residential and institutional uses to combine like uses, clarify residential uses, sep- arate educational, religious, and healthcare uses from the current "institutional use" definition and adopt a new definition of "Residen- tial Facility". 2. Remove uses that are no longer relevant or have been de- termined not to be the highest and best use with a given zoning dis- trict. 3. Make some conditional uses that are not anticipated to nega- tively affect the public health, safe- ty, and general welfare of residents permitted uses. 4. Alphabetize uses within each of the respective zoning districts. Passed and adopted this 19th day of August 19, 2019. John J. Dietz, Mayor ATTEST. Tina Allard, City Clerk Published in the Star News August 24, 2019 969308