ORD 19-15OW*AW—
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Ordinance 19 - 15
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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.
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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.
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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 #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'.
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Offen space ❑reservation as permitted in Section 30-511 et seg.].
45 Public 12arks.
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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.
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(3) Model homes in eamplianee with seetion 30 800-,
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parks,p6ygreunds and open sp*ee,-
(6)
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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"
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(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.
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(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.
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(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
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(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.
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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:
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(c) Accessory uses Accessory uses in the R -2a district are as follows:
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(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).
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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 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.
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(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
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(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:
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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 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.
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(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.
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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.
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.
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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
{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.
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(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:
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(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-
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Motor vehicle sales.
0.3 f 14
Motor vehicle st�ec alt service stations.
(15) Pawnshops
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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.
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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.
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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. 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:
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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. 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.
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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.
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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
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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.
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.
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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.
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
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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.
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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.
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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 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) .
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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 "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.
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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.
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
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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 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.
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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.
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.
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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