4.2. PCSR 10-24-2023Request for Action
To Item Number
Planning Commission 4.2
Agenda Section Meeting Date Prepared by
Public Hearings October 24, 2023 Chris Leeseberg, Senior Planner
Item Description Reviewed by
City of Elk River Zack Carlton, Community Development Director
Ordinance Amendment to various sections
Reviewed by
pertaining to Home Occupations and Interim
Uses, Case No. OA 22-06
Action Requested
Recommend, by motion, approval of the following sections pertaining to Home Occupations and Interim Uses:
Section 30-1 Definitions
Section 30-658 Interim Uses
Section 30-801 Home Occupations (This section was recommended for approval on August 22, 2023)
Section 30-991 R1 District
Section 30-992 R2a District
Section 30-993 R2b District
Section 30-994 R3 Townhome District
Section 30-1027 XCR Extreme Commercial Recreation
Section 30-1583 CRT Commercial Reserve Transition
Section 30-1584 MU-ERP Mixed Use - Elk River Plaza
Section 30-1587 Focused Area Study (FAST)
Section 46-34 Public Nuisances
Background/Discussion
The Planning Commission recommended approval of Section 30-801 at their August 22, 2023, meeting. After that
meeting, legal counsel expressed concerns regarding cross-referencing home occupations and interim uses and
suggested the City Council not act on Section 30-801 alone. Additionally, the City Council adopted an interim
ordinance (moratorium) on October 2, 2023, prohibiting the issuance of home occupation permits until the new
ordinance is adopted.
The moratorium provides the city with the necessary time to review other sections of the ordinance, cross-
referencing home occupations and interim uses, and ensuring the guidance from the Planning Commission and
the City Council can be included. The moratorium will expire upon publication of the new ordinance, or January
26, 2024, whichever occurs first.
As a reminder, the following key components of Section 30-801 were recommended by the commission to be
updated in the home occupation ordinance:
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity.
Updated: January 2023
Interim Use Permits (IUP)
Any occupation that does not meet the permitted home occupation standards within the ordinance would
be reviewed through the IUP process versus a Conditional Use Permit.
The purpose of the home occupation ordinance and interim use permits is to protect the quality of life in
residential neighborhoods, protect the appearance of the neighborhood, and protect neighboring residents’
investment in their properties. The IUP will provide the city with an opportunity to balance the residential
characteristics of an area with the desires of property owners to grow a small business on their property before
transitioning to a larger site in a commercial or industrial district.
Hours of Operation
Establishing a set time (7 a.m. – 7 p.m. Monday through Saturday) that cannot be negotiated.
Prohibited Uses
Motor vehicle repairs
Occupations in accessory structures (attached or detached)
The City Council directed staff to maintain the use of accessory structures noting that these can be
reviewed on a case-by-case basis. The use has remained in the attached ordinance.
Outdoor Storage
The City Council supported a prohibition of outdoor storage for all residential properties but did
discuss the possibility of allowing some outdoor storage on larger parcels. While we have seen
challenges with outdoor storage on larger lots in addition to smaller lots, the Commission may
discuss options regarding the lot size options.
Additionally, should outdoor storage include work vehicles in addition to materials, products, and
dumpsters?
Section 30-1 Definitions
The definitions of home occupation and interim use are proposed to be amended.
Section 30-658 Interim Uses
One edit was made. This section references allowing uses similar to other uses already allowed in the zoning
district and notes that the use will not have any adverse impacts upon adjacent properties in the IUP time period.
Sections 30-991 R1 District, 30-992 R2a District, 30-993 R2b District, and 30-994 R3 Townhome District
A new Interim Use heading was added to these sections.
Section 30-1027 XCR Extreme Commercial Recreation
For consistency, Interim Uses were placed after Conditions Uses.
Section 30-1583 CRT and Section 30-1584 MU-ERP
Removed the references to Conditional Uses.
Section 30-1587 Focused Area Study (FAST)
A new Interim Use heading was added to relevant subzones.
Section 46-34 Public Nuisances
Removed the reference to Conditional Use.
Financial Impact
None
Mission/Policy/Goal
Maintain livable neighborhoods
Protect the quality of residential life
Protect the appearance of the neighborhood
Protect residents’ investment in their residential properties
Attachments
Proposed Ordinances
Existing Section 30-801
Sec. 30-801. Home occupations.
(a)Purpose. The purpose of this section is to provide a means, through the establishment of
specific standards and procedures, by which occupations can be conducted in residential
homes, without jeopardizing the residential character or health, safety, and general welfare
of the surrounding neighborhood as well as the users of the property. In addition, this
section is intended to provide a mechanism enabling a distinction between permitted home
occupations and interim home occupations, so that permitted home occupations may be
allowed through an administrative process rather than a quasi-judicial hearing process.
(b)Prohibited activities. No home occupations (Permitted or Interim) shall:
(1)Be conducted by an individual who does not reside on the property and uses the
residence as a primary address for legal purposes.
a.Exception. An occupation for a lessee, or equivalent, residing on the property may
be allowed with approval of an Interim Use Permit. The permit shall be valid for
a maximum of three years or until the lessee no longer resides on the parcel,
whichever comes first.
(2)Operate between the hours of 7:00 p.m. and 7:00 a.m. Monday through Saturday and
all day on Sunday.
(3) Constitute a fire hazard to neighboring residences, adversely affect neighboring
property values, or constitute a nuisance or otherwise be detrimental to the neighbors
because of excessive traffic, noise, glare, odor, electrical interference, vibration, dust and
other nuisance or safety hazards.
(4)Involve any of the following:
a.Ammunition manufacturing.
b. Body shops.
c.Escort businesses.
d.Flea markets.
e.Gun repair and/or sales.
f.Hazardous materials or activities, as defined by the Minnesota State Building
Code.
g.Machine shops.
h.Motor vehicle repairs.
i.Motor vehicle sales.
j.Outdoor storage. (not including employee personal vehicle parking)
k.Repair of internal combustion engines.
l.Sexually oriented land uses.
m.Wholesale or retail business, unless conducted entirely by courier, mail, or email.
n. Welding.
PROPOSED ORDINANCE
o. Other objectionable uses as determined by the city council.
(5) Signage greater than four (4) square feet.
(6) Adversely affect governmental facilities and services, including roads, sanitary sewers,
water, storm drainage, garbage service, police and fire service, sensitive environmental
features, including lakes, surface water and underground water supply and quality,
wetlands, slopes, floodplains, and soils, or other.
(c) Permitted home occupations. Permitted Home occupations (occupation) shall be allowed subject
to the conditions of this section, other applicable city ordinances and state laws and statutes.
If the city denies establishment of an occupation to a resident, the resident may appeal the
decision pursuant to the provisions of subdivision II of division 2 of this article. Permitted
occupations are subject to the following criteria:
(1) No noise, lights, odors, dust, gas, heat, vibration, glare, or other physical
manifestations resulting from the occupation shall be evident beyond the
boundaries of the property on which the occupation is being conducted.
(2) Use equipment which is not normally found in a home (such as, but not limited to,
stationary power tools and salon seats), except that equipment which is typically in
an office may be used.
(3) The occupation shall not require internal or external construction features not
customarily found in single-family residential dwellings.
(4) A maximum of one full-time employee, or equivalent, other than those persons who
customarily reside on the premises shall be employed.
(5) Occupations involving teaching shall not exceed two pupils at a time.
(6) Occupations shall not be serviced by delivery vehicles larger than 26,000 pounds
gross vehicle weight.
(7) Occupations shall not create a parking demand more than that which can be
accommodated in an existing driveway or approved surface area, where no vehicle
is parked closer than 15 feet to the curb line or edge of the paved surface nor is
parked within any right-of-way.
(8) On-site sales shall be limited to those clearly incidental to the services provided.
(d) Interim home occupations. Home occupations that do not involve prohibited activities but
exceed the permitted residential occupation criteria may be allowed with approval of a
Interim Use Permit by the city council pursuant to the provisions of subdivision III of
division 2 of this article. The intent of the Interim Use Permit is to evaluate, after a set
amount of time, the impact a permitted home occupation is having on the neighborhood or
the city. An approved Interim Use Permit shall be valid for a maximum of three years or
until the property is sold, whichever comes first. To maintain a home occupation after the
termination period, a new Interim Use Permit must be applied for. This application must be
received at least 120 days prior to the termination date on the existing Interim Use Permit.
(e) Inspections. The city may at any reasonable time inspect the residential occupation to
determine if the applicant is strictly adhering to the criteria for a permitted residential
occupation or the conditions placed on a conditional residential occupation.
(f) Revocation or expiration of a conditional use permit for home occupations.
(1) Expirations of conditional home occupations shall be as set forth in section 30-656.
(2) Revocation of conditional use permits for home occupations shall be as set forth in
section 30-659.
(g) Preexisting businesses. The city recognizes that existing home businesses may have been in
operation, without approval, prior to DATE OF ADOPTION and therefore may allow their
continuation, if they show proof, they have been a valid business in the State of Minnesota
prior to DATE OF ADOPTION, do not involve prohibited activities, and receive an
Interim Use Permit.
(h) The property owner is responsible for the operations of the home occupation and any
liability related thereto.
Sec. 30-1. Definitions.
Home occupation, conditional interim means any gainful occupation or profession, not meeting the
criteria of subsection 30-801(c), customarily conducted entirely within a dwelling or garage space
principally used and occupied by members of a family residing therein, which use is clearly incidental
and secondary to the use of the dwelling for residential purposes and does not change the character
thereof. Conditional Interim home occupations require a public hearing pursuant to the procedures
and standards for a conditional use permit.
Home occupation, permitted means any gainful occupation or profession, meeting the criteria of
subsection 30-801(c), customarily conducted entirely within a dwelling principally by members of a
family residing therein, which use is clearly incidental and secondary to the use of the dwelling for
residential purposes and does not change the character thereof. Permitted home occupations are
processed administratively following the set of criteria in subsection 30-801(c).
Interim use means the a temporary use, similar to uses allowed in the zoning district, of a
property until a particular date, or until the occurrence of a particular event.
Created: 2023-08-08 11:17:04 [EST]
(Supp. No. 58)
Page 1 of 1
Sec. 30-658. Interim uses.
(a) Definitions. The definitions in section 30-1 are applicable in this section.
(b) Authorization. The city council may authorize interim uses of property by issuance of interim use
permits.
(c) Required findings. Before the city council may authorize an interim use, it must make the following
findings:
(1) The period of time for which the interim use permit is to be granted will terminate before
any adverse impacts are felt upon adjacent properties.
(2) There is adequate assurance that the property will be left in suitable condition after the use is
terminated.
(3) The use is similar to uses allowed in the zoning district in which the property is located.
(4) The date or event that will terminate the use can be identified with certainty.
(5) Authorizing the use will not impose additional costs on the public if it is necessary for the
public to take the property in the future.
(6) The applicant and userproperty owner or lessee agree to all conditions that the city council
deems appropriate for authorization of the interim use.
(7) The applicant provides assurances deemed adequate by the city council that the use will
terminate as provided in the interim use permit. The city council may require the applicant to
deposit a cash amount with the city, or provide some other form of security, to ensure
compliance with this criteria.
(8) Authorization of the interim use will not result in adverse effects on the public health, safety,
or welfare.
(9) The proposed interim use is consistent with the City of Elk River Comprehensive Plan and
conforms to the city's zoning regulations.
(d) Application for permit. Applications for interim use permits shall be processed in the same manner
as for conditional use permits, as established in this subdivision III.
(Ord. No. 00-05, § 2(900.42), 3-20-2000; Ord. No. 10-03, § 1, 3-15-2010)
State law reference(s)—Interim uses, Minn. Stats. § 462.3597.
Sec. 30-878. CRT commercial reserve transitional district.
(a) Temporary signs as permitted in section 30-851 et seq.
(b) Permanent signs.
(1) Three wall signs, not to exceed 300 square feet per occupancy.
(2) One freestanding sign, not to exceed 150 square feet with a maximum height of 30 feet.
(c) Changeable copy signs as permitted in section 30-864.
(d) Event sponsor signs, a sign subordinate to a principal use intended for the display of
information for onsite patrons, shall be allowed provided the following criteria are met:
(1) An approved interim use permit has been obtained for the property;
(2) A sign plan shall be approved by city staff;
(3) Property shall be larger than 20 acres;
(4) Each sign shall not to exceed 32 square feet;
(5) Must be one-sided only;
(6) Shall be setback ten feet from property line, or 25 feet from rights-of-way, whichever is
further;
(7) Shall face away from rights-of-way, or be setback at least 500 feet from the right-of-way;
(8) Shall not exceed six feet in height;
(9) Shall not be illuminated.
(Ord. No. 13-02, § 1, 3-18-2013; Ord. No. 13-19, § 2, 12-16-2013)
Editor's note(s)—Section 2 of Ord. No. 13-19, adopted Dec. 16, 2013, renumbered and amended
former § 30-876 as § 30-878.
Sec. 30-991. R-1 districts.
(a) Purpose.
(1) Generally. The R-1 residential districts are established to accomplish the general purposes of
this article and for the following specific purposes:
a. Preserve living qualities of residential neighborhoods.
b. Ensure future high quality amenities, including, but not limited to, the provision of
adequate light, air, privacy, and convenience of access to property.
c. Increase convenience and comfort by providing usable open space and recreation space
on or near the housing units they serve.
d. Prevent additions or alterations of structures which would damage the character or
desirability of existing residential areas.
e. Protect residential areas, to the extent possible and appropriate in each area, against
unduly heavy motor vehicle traffic.
f. Encourage a variety and range of dwelling types and a wide range of population densities
with emphasis on home ownership.
(2) R-1a district. The rural residential district is intended to allow for a rural lifestyle by permitting
low density residential development in areas that are marginal or nonfeasible for agriculture.
The R-1a district is intended to be primarily a residential district, but may also accommodate
agriculture-related and accessory uses. This is the general area of the city which is not
primarily suited to farming due to soil conditions, slope, tree cover, and other physical
features better suited for non-farm housing and related accessory uses.
(3) R-1b district. This district is intended to provide land for attractive and diverse low density
single-family residential development, and to primarily contain detached low density single-
family residential developments and low density planned unit development. Subdivisions
utilizing on-site sewage disposal systems and private water wells cannot exceed one single-
family residence per gross acre. Construction of on-site sewage disposal systems shall not be
permitted on adjoining lots. Streets and other improvements may be temporary in nature as
approved by the city council.
(4) R-1c district. This district is intended to provide single-family residences in areas with full
municipal public sanitary sewers, storm sewers, and municipal water in areas that are a
continuation of existing residential development patterns and the infilling of existing lots in
established areas.
(5) R-1d district. This district is intended to provide single-family residential districts with larger
lots and higher quality housing types in areas with full municipal public sewers, storm
sewers, and municipal water in areas that possess significant natural features, including
vegetation, wetlands, and topographic features. This district is intended to encourage the
design of subdivisions that protect natural features while providing high quality housing
sites.
(b) Permitted uses. Permitted uses in the R-1 districts are as follows:
(1) Agricultural uses (only in the R-1a district on parcels five acres or larger).
(2) Bed and breakfast establishments, homeowner-occupied.
(3) Farm wineries (only in the R-1a district on parcels five acres or larger).
(4) Open space preservation (as permitted in section 30-511 et seq.).
(5) Public parks.
(6) Residential, single family.
(7) Residential facilities (one to six persons).
(8) State licensed residential facilities or a housing with services establishment registered under
chapter 144D serving six or fewer persons, a licensed day care facility serving 12 or fewer
persons, and a group family day care facility licensed under Minnesota Rules, parts
9502.0315 to 9502.0445 to serve 14 or fewer children shall be considered a permitted single
family residential use of property for the purposes of zoning, except that a residential facility
whose primary purpose is to treat juveniles who have violated criminal statutes relating to
sex offenses or have been adjudicated delinquent on the basis of conduct in violation of
criminal statutes relating to sex offenses shall not be considered a permitted use.
(c) Accessory uses. Accessory uses in the R-1 districts are as follows:
(1) Accessory dwelling units.
(2) Agricultural buildings.
(3) Home occupations, permitted.
(4)(3) Kennels, private. (On parcels five buildable acres or greater).
(5)(4) Parking lots.
(6)(5) Private recreation facilities.
(7)(6) Structures, accessory.
(8)(7) Towers (less than 60 feet in height).
(9)(8) Tractor trailer parking (only in the R-1a district on parcels five acres or larger).
(10)(9) Trailer, temporary.
(11)(10) Signs (as permitted in section 30-851 et seq.).
(d) Conditional uses. Conditional uses in the R-1 districts are as follows:
(1) Agricultural uses (in the R-1b, R-1c, and R-1d districts on parcels five acres or larger and in
the R-1A district on parcels less than five acres).
(2) Bed and breakfast establishments, non-homeowner-occupied.
(3) Cemeteries (minimum lot size four acres).
(4) Commercial recreation facilities. (On properties adjacent to arterial or collector streets when
associated with an approved educational institution.)
(5) Cooperative gardening.
(6) Day care, (in religious institutions).
(7) Educational institutions.
(8) Farm wineries (only in the R-1a zoning district when on-site sales are included and/or on
parcels less than five acres).
(9) Feedlots (only in the R-1a district on parcels five acres or larger).
(10) Golf courses and country clubs.
(11) Government facilities.
(12) Home occupations, conditional.
(13)(12) Horticultural uses.
(14)(13) Kennels, commercial (in the R-1a district).
(15)(14) Kennels, private (on parcels less than five buildable acres or on parcels located in
cluster subdivisions).
(16)(15) Mobile homes, temporary.
(17)(16) Religious institutions.
(18)(17) Stables, private.
(19)(18) Tractor trailer parking (only in the R-1a district on parcels less than five acres in
size).
(19) Wayside stands.
(e) Interim uses. Interim uses in the R-2a district are as follows:
(1) Home occupations.
(Code 1982, § 900.12(5); Ord. No. 99-32, § 3(900.12(5)(A), (5)(C)), 11-15-1999; Ord. No. 01-05, § 2,
4-16-2001; Ord. No. 03-16, § 1, 10-20-2003; Ord. No. 04-13, § 2, 8-27-2004; Ord. No. 05-04, § 1, 3-
21-2005; Ord. No. 05-05, § 2, 3-21-2005; Ord. No. 05-08, § 1, 4-4-2005; Ord. No. 08-13, §§ 2, 3, 10-
20-2008; Ord. No. 15-03, § 2, 1-20-2015; Ord. No. 15-26, § 1, 8-17-2015; Ord. No. 15-30, § 1, 9-21-
2015; Ord. No. 19-15, § 4, 8-19-2019)
Sec. 30-992. R-2a district.
(a) Purpose. The R-2a district is intended to create low density housing areas as a transition between
single-family housing and higher density residential housing.
(b) Permitted uses. Permitted uses in the R-2a district are as follows:
(1) Public parks.
(2) Residential, multiple family (two units max).
(3) Residential, single family.
(4) Residential facilities (one to six persons).
(5) State licensed residential facilities or a housing with services establishment registered under
chapter 144D serving six or fewer persons, a licensed day care facility serving 12 or fewer
persons, and a group family day care facility licensed under Minnesota Rules, parts
9502.0315 to 9502.0445 to serve 14 or fewer children shall be considered a permitted single
family residential use of property for the purposes of zoning, except that a residential facility
whose primary purpose is to treat juveniles who have violated criminal statutes relating to
sex offenses or have been adjudicated delinquent on the basis of conduct in violation of
criminal statutes relating to sex offenses shall not be considered a permitted use.
(c) Accessory uses. Accessory uses in the R-2a district are as follows:
(1) Home occupations, permitted.
(2)(1) Parking lots.
(3)(2) Private recreational facilities.
(4)(3) Signs (as permitted in section 30-851 et seq.).]
(5)(4) Structures, accessory.
(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)(4) Religious institutions.
(6)(5) Zero lot line developments.
(e) Interim uses. Interim uses in the R-2a district are as follows:
(7)(1) Home occupations.
Sec. 30-993. R-2b district.
(a) Purpose. The R-2b district is intended to:
(1) Create low density multiple dwelling areas with a broad range of housing types;
(2) Preserve and enhance transitional residential areas between lower and higher densities in
areas served by public utilities; and
(3) Enhance transitional areas between low density housing and other nonresidential land uses.
The district must be served by public sanitary sewers, storm sewers, and municipal water.
(b) Permitted uses. Permitted uses in the R-2b district are as follows:
(1) Public parks.
(2) Residential, multiple family (four units max).
(3) Residential, single family.
(4) Residential facilities (one to six persons).
(5) State licensed residential facilities or a housing with services establishment registered under
chapter 144D serving six or fewer persons, a licensed day care facility serving 12 or fewer
persons, and a group family day care facility licensed under Minnesota Rules, parts
9502.0315 to 9502.0445 to serve 14 or fewer children shall be considered a permitted single
family residential use of property for the purposes of zoning, except that a residential facility
whose primary purpose is to treat juveniles who have violated criminal statutes relating to
sex offenses or have been adjudicated delinquent on the basis of conduct in violation of
criminal statutes relating to sex offenses shall not be considered a permitted use.
(c) Accessory uses. Accessory uses in the R-2b district are as follows:
(1) Home occupations, permitted.
(2)(1) Parking lots.
(3)(2) Private recreational facilities.
(4)(3) Signs (as permitted in section 30-851 et seq.).
(5)(4) Structures, accessory.
(d) Conditional uses. Conditional uses in the R-2b district are as follows:
(1) Day care (in religious institutions).
(2) Educational institutions.
(3) Governmental facilities.
(4) Home occupations, conditional.
(5)(4) Religious institutions.
(6)(5) Zero lot line developments.
(e) Interim uses. Interim uses in the R-2b district are as follows:
(7)(1) Home occupations.
Sec. 30-994. R-3 townhome district.
(a) Statement of purpose. The purpose of the R-3 townhome district is to accommodate a variety of
housing types, including single-family detached, duplex and townhouse dwellings, at low to
moderate residential densities (approximately 11 units per acre or less). This district is also
intended to function as a transition between the less intense single-family district and the more
intense multifamily districts. Certain other structures and uses necessary to serve governmental,
educational, religious, recreational, and other needs of neighborhoods are allowed as permitted
or conditional uses subject to restrictions intended to preserve and protect the residential
character of the district.
(b) Permitted uses. Permitted uses in the R-3 district are as follows:
(1) Public parks.
(2) Residential, single family.
(3) Residential facilities (one to six persons).
(4) State licensed residential facilities or a housing with services establishment registered under
chapter 144D serving six or fewer persons, a licensed day care facility serving 12 or fewer
persons, and a group family day care facility licensed under Minnesota Rules, parts
9502.0315 to 9502.0445 to serve 14 or fewer children shall be considered a permitted single
family residential use of property for the purposes of zoning, except that a residential facility
whose primary purpose is to treat juveniles who have violated criminal statutes relating to
sex offenses or have been adjudicated delinquent on the basis of conduct in violation of
criminal statutes relating to sex offenses shall not be considered a permitted use.
(5) Townhouse, attached.
(c) Accessory uses. Accessory uses in the R-3 district are as follows:
(1) Accessory structures.
(2) Home occupations, permitted.
(3)(1) Private recreational facilities.
(2) Signs (as permitted in section 30-851 et seq.).
(4)(3) Structures, accessory.
(d) Conditional uses. Conditional uses in the R-3 district are as follows:
(1) Cemeteries (minimum lot size four acres).
(2) Daycare, licensed (for 13 or more children).
(3) Educational institutions.
(4) Government facilities.
(5) Home occupations, conditional.
(6)(5) Religious institutions.
(7)(6) Residential facilities (7—16 persons).
(e) Interim uses. Interim uses in the R-3 district are as follows:
(1) Home occupations.
(e)(f) Density and open space. Development standards for density and open space are as follows:
(1) Density. The maximum development density within the R-3 district shall be eight units per
acre of net buildable area of the subdivision. Net buildable area shall be the total area less
public street rights-of-way, wetlands, major drainageways as defined by the comprehensive
storm water management plan, water bodies and slopes steeper than three to one (3:1) slope
ratio.
(2) Open space requirements. In instances where land is not given to meet the park dedication
requirements as required by section 30-327, then an area of useable open space for
recreation purposes shall be designed into the project. Such area shall be a minimum of
12,000 square feet or five percent of the not buildable area, whichever is greater, and shall be
privately owned. The open space shall be of a quality that would allow it to be used for
active recreational purposes.
(f)(g) Building design and construction standards. The building design and construction standards are as
follows:
(1) Unit width. The minimum width of a dwelling unit within the R-3 district shall be:
a. For single-family detached townhomes or end units on buildings containing more than
four units, 28 feet.
b. For internal dwelling units located in buildings containing more than four units, 24 feet.
(2) Unit construction.
a. Building elevations and floor plans shall be furnished with subdivision requests,
illustrating exterior building material and colors to demonstrate compliance with this
section. Building floor plans shall identify the interior storage space within each unit.
b. Buildings shall be designed to prevent the appearance of straight, unbroken lines in their
horizontal and vertical surface. There shall be no more than two continuous townhouse
dwelling units without a break in the horizontal and/or vertical elevations of at least 32
inches.
c. Provision shall be made for possible decks, porches or additions as part of the initial
dwelling unit building plans. The unit lot shall be configured and sized to include decks,
patios, or porches.
d. In case of a gable roof, a minimum 12-inch overhang on gable ends shall be required for
all residential structures. All other soffits, on residential structures, are to have a
minimum 16-inch overhang.
e. The exterior of townhome dwelling units shall include a variation in building materials,
which are to be distributed throughout the building facades and coordinated into the
architectural design of the structure to create an architecturally balanced appearance. The
preferred materials are: brick, stucco, stone, dutch lap vinyl siding and fiber-cement
siding. In addition, townhome dwelling structures shall comply with the following
requirements:
1. A minimum of 25 percent of the combined area of all building facades of a structure
shall have an exterior finish of brick, stucco and/or natural or artificial stone.
2. Except for brick, stucco, and/or natural or artificial stone, no single building facade
shall have more than 75 percent of one type of exterior finish.
3. Except for brick, stucco, and/or natural or artificial stone, no townhome dwelling
structure shall have more than 60 percent of all building facades of one type of
exterior finish. Deck railings may be included as a change of material on the facade
of a building.
4. For the purpose of this section, the area of the building facade shall not include area
devoted to window, entrance doors, garage doors, or roof areas.
(3) Garages.
a. Each dwelling unit shall include an attached garage.
b. Garages shall comply with the following minimum size standards:
1. For single-family detached townhomes or end units in buildings containing more
than four units, both with basements: 484 square feet.
2. For single-family detached townhomes or end units in buildings containing more
than four units, both without basements: 584 square feet.
3. For internal units located in buildings containing more than four units, with or
without basements: 364 square feet.
4. Garages shall be a minimum of 22 feet in width, except garages attached to internal
units located in buildings containing more than four units, may be a minimum of 14
feet in width.
(4) Outside storage. Outside storage shall be allowed only in designated areas that are screened and
under the ownership of the property owners' association, subject to other applicable
provisions of this chapter.
(g)(h) Parking, vehicular and pedestrian circulation. The parking, vehicular and pedestrian circulation
standards are as follows:
(1) Resident parking. Resident parking shall be provided at one space per bedroom. Resident
parking may occur in the garage or in the driveway of individual units.
(2) Guest parking. At minimum, one-half guest parking space per unit shall be provided in an off-
street parking lot or private drive. The design of the off-street parking lot shall conform to
the parking requirements of this Code.
(3) Streets. All streets shall be public and shall comply with the design standards and
specifications as governed by article V of this chapter, pertaining to subdivision regulations,
except that the required right-of-way may be reduced to 50 feet and the required street width
reduced to 28 feet face to face with parking limited to one side.
(4) Drives.
a. Dead-end private driveways shall serve a maximum of two structures or six units per
side.
b. Private drives shall be under the ownership and control of the property owners'
association, which shall be responsible for the maintenance, repair, and replacement of
surfacing. The association shall maintain a capital improvement program for the
driveways under its ownership.
c. Adequate length shall be added to the terminus of all dead end private drives for the
purposes of backing up and turning of vehicles from individual driveways. Such areas
shall not be used for parking.
d. Private drives must include plans and areas for snow storage or provide provisions in the
homeowners' association documents for snow removal.
e. Private drives shall be a minimum of 24 feet in width, back of curb to back of curb,
and shall not allow parking on either side unless they are a minimum 28 feet in width, in
which case parking may be allowed on one side.
(5) Sidewalks. A six-foot sidewalk shall be provided on one side of the public street.
(h)(i) Landscaping/screening/lighting. A detailed landscaping and lighting plan shall be provided and
implemented pursuant to this section. The landscaping and screening shall address the following:
(1) All open areas of the development project which are not used or improved for required
parking areas, drives or storage shall be landscaped with a combination of overstory trees,
understory trees, shrubs, flowers, and ground cover materials. The plan for landscaping shall
include ground cover, bushes, shrubbery, trees, sculpture, foundations, decorative walks or
other similar site design features or materials. The landscape plan shall include detailed
foundation plantings for areas adjacent to buildings, walks, etc. In addition to the trees
required by section 30-415, the following is required: a minimum of five shrubs for each
dwelling unit.
(2) Landscaping at the boundary of the site adjoining another property and the immediate
perimeter of the principal structure.
(3) Buffer-yard landscaping for yards bordering major collector and arterial streets. Buffer-yard
landscaping shall include berming and the use of coniferous trees.
(4) Screening of guest parking areas via the use of decorative fencing, berming, shrubs, trees, or
a combination thereof.
(5) All boulevards shall be sodded. Prior to sodding, the developer shall provide three inches of
black dirt that is tilled into the native soil. The areas to be sodded shall be fine graded and
rocks, trash, or other debris shall be removed.
(6) Screening of designated outdoor storage areas.
(7) All landscaped areas, including on-site traffic islands and all public rights-of-way adjacent to
the property (where access is allowed by the governmental jurisdiction), shall have an in-
ground irrigation system with an automatic controller.
(8) Effective and safe levels of lighting which aid night surveillance and residents' sense of
security shall be provided. Such lighting may be provided by streetlights or dwelling unit
lights which are controlled by timers or sensors.
(i)(j) Transition requirements. Any R-3 zoned property abutting existing, developed single-family or
duplex homes shall have a minimum of one tier of single-family dwellings or duplex homes
bordering such a development. Exemptions to the provisions of this subsection may be granted,
provided one or more of the following conditions exist:
(1) The properties are separated by a major collector or arterial street.
(2) The properties are separated by a railroad right-of-way, wetland, water body, floodplain,
public open space, park or other such similar publicly reserved and development restricted
area with a minimum width of 100 feet across its entire length.
(j)(k) Utilities.
(1) All utilities serving an R-3 subdivision, including telephone, electricity, gas and tele-cable
shall be installed underground.
(2) Separate public utility services shall be provided to each unit unless exempted by the city
engineer.
(3) Water connection: Individual unit shutoff valves shall be provided.
(4) Sewer connection: Where more than one unit is served by a sanitary sewer service, all
maintenance and cleaning shall be the responsibility of the homeowners' association. Where
individual units are served individually, all maintenance and cleaning shall be the
responsibility of the homeowner.
(5) Unit utility connections shall be located in the side or rear of the unit whenever possible and
shall be screened. Unit utility connections in the front of units shall be screened by a
structure that is integrally designed as part of the unit.
(k)(l) Common areas. The following minimum requirements shall be observed in the R-3 district
governing common areas:
(1) Ownership. All common areas within an R-3 development, including, but not limited to, open
space, wetlands, greenways, drainage ponds, driveways, private drives, parking areas, play
areas, etc., shall be owned in one of the following manners:
a. Condominium ownership pursuant to Minn. Stats. ch. 515A, article 2 (Minn. Stats. §
515A.201 et seq.)
b. Townhome subdivision common areas shall be owned pursuant to Minn. Stats. ch.
515B.
(2) Homeowners association. A homeowners' association shall be established for all developments
within the R-3 district which have areas under common ownership, subject to review and
approval of the city attorney, and shall be responsible for all exterior building maintenance,
approval of any exterior architectural modifications, landscaping, snow clearing and regular
maintenance of private driveways and other areas owned in common.
Sec. 30-1027. XCR extreme commercial recreation.
(a) Purpose. The extreme commercial recreation district is intended to provide lodging, retail, and a
variety of commercial recreation uses that are more intense in nature than traditional recreational
uses. Some uses may include, but are not limited to, off road racing, hotels, and training facilities.
(b) Permitted uses.
(1) Agriculture uses.
(2) Business offices.
(3) Horticulture uses.
(4) Public parks.
(5) Restaurants, class I (requires city services).
(6) Restaurants, class II (requires city services).
(7) Retail sales.
(c) Accessory uses.
(1) Overflow event parking.
(2) Signs (as permitted in section 30-851 et seq.).
(3) Structures, accessory.
(d) Interim uses. Interim uses shall be permitted for no more than five years, or when the property is
platted, whichever occurs first. The city may require an escrow to ensure the conditions of the
interim use are adhered to.
(1) Concrete/asphalt products and processing.
(2) Gravel mining.
(3) Home occupations, conditional.
(4) Kennels, commercial.
(5) Veterinary clinics.
(6) Wind turbines.
(e)(d) Conditional uses.
(1) Active use storage.
(2) Active recreation and physical endurance facilities.
(3) Campground (for a period of no more than seven consecutive days)
(4) Conference and event centers.
(5) Festivals.
(6) Hotels (requires city services).
(7) Limited stay lodging.
(8) Live entertainment establishments.
(9) Off road racing facilities.
(10) Outdoor storage, provided the storage area:
a. Is accessory to a principal permitted, interim, or conditional use; and
b. Complies with the accessory structure setback requirement applicable to the property;
and
c. Is no larger than 30 percent of the building area; and
d. 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.
1. Screening shall consist of two or more of the following:
i. A compact evergreen or deciduous hedge or evergreen, overstory and
ornamental trees of sufficient width and density; or
a. Hedge material must be at least three feet in height.
b. Deciduous trees must be at least two inches in diameter as measured six
inches above the ground.
c. Coniferous trees must be at least six feet in height.
ii. An earth berm of sufficient height to provide an effective screen throughout the
year; or
a. Earth berms shall not have a slope of more than three feet horizontal to one
foot vertical or be located within any street right-of-way unless otherwise
approved by the city engineer.
iii. A screening fence constructed of one or more of the following materials:
a. Factory finished metal or vinyl panels.
b. Wood.
(11) Swap meets.
(12) Water sports facility.
(e) Interim uses. Interim uses shall be permitted for no more than five years, or when the property is
platted, whichever occurs first. The city may require an escrow to ensure the conditions of the
interim use are adhered to.
(1) Concrete/asphalt products and processing.
(2) Gravel mining.
(3) Home occupations.
(4) Kennels, commercial.
(5) Veterinary clinics.
(6) Wind turbines.
Sec. 30-1583. CRT commercial reserve transitional district.
(a) Purpose.
(1) To allow existing uses to remain conforming until such time as redevelopment is consistent with
the comprehensive guide plan, at which time the city will consider changing the zoning
designation.
(2) To provide for orderly redevelopment of contiguous parcels of land.
(3) To discourage piecemeal, lot-by-lot development or leapfrog development that would result in
the isolation or inefficient re-use of existing parcels of land.
(4) To ensure that contiguous parcels of land are served with adequate access and public
infrastructure and that appropriate right-of-way width is established.
(b) Permitted uses.
(1) Agriculture uses (ten-acre lots or more).
(2) Horticultural uses (ten-acre lots or more. Conditional use permit in preserved open space).
(3) Public parks.
(4) Residential, single-family.
(c) Accessory uses.
(1) Parking lots.
(2) Signs (as permitted in section 30-851 et seq.).
(3) Structures, accessory.
(4) Wayside stands (in preserved open space).
(d) Interim uses. Interim uses shall be permitted for no more than five years, or when the property is
platted, which ever occurs first. The city may require a[n] escrow to ensure the conditions of the
interim use are adhered to.
(1) Asphalt and concrete plant.
(2) Business offices (maximum gross floor area of 10,000 square feet).
(3) Commercial recreations facilities.
(4) Cooperative gardening (in preserved open space).
(5) Gravel mining.
(6) Home occupation, conditional.
(7) Horticulture uses (in preserved open space).
(8) Kennels, commercial.
(9) Outdoor storage (provided accessory to a permitted, conditional, or interim use).
(10) Stables, private (in preserved open space).
(11) Veterinary clinics.
(12) Wind turbines.
Sec. 30-1584. MU-ERP mixed use Elk River Plaza district.
(a) Purpose. The purpose of the mixed use Elk River Plaza district is to codify the planned unit
development into a single zoning district with three subsections: Commercial, single-family, and
multiple-family.
(b) Subzone A. Multiple-family residential.
(1) Permitted uses are as follows:
a. Residential, multiple family.
b. Residential, single family.
c. Townhouse, attached.
(2) Accessory uses are as follows:
a. Accessory structures.
b. Public shelters.
(3) Conditional Interim uses are as follows:
a. Conditional hHome occupations.
(c) Subzone B. Single-family residential.
(1) Permitted uses are as follows:
a. Single-family residential.
(2) Accessory uses are as follows:
a. Accessory structures.
(3) Conditional Interim uses are as follows:
a. Conditional hHome occupations.
(d) Subzone C. Commercial.
(1) Permitted uses are as follows:
a. Business and professional offices.
b. Class I restaurants.
c. Nurseries, produce markets, and garden centers, which may include outdoor display.
d. Outpatient health care facilities.
e. Personal service establishments.
f. Physical recreation or training.
g. Public parks.
h. Retail shops and stores.
i. Sale of firearms.
j. Zero lot line development.
(2) Accessory uses are as follows:
a. Off-street parking facilities.
b. Off-street parking facilities.
c. Public shelters.
(3) Conditional uses are as follows:
a. Carwashes.
b. Class II restaurants.
c. Commercial recreation, outdoor.
d. Commercial recreational facilities, indoor.
e. Dry cleaning establishment.
f. Enclosed light manufacturing with related retail sales.
g. Equipment rental businesses with no outdoor storage.
h. Financial institutions.
i. Funeral parlors.
j. Governmental offices.
k. Health care facilities, outpatient.
l. Licensed day care facilities.
m. Motor vehicle specialty shops.
n. Nonprofit clubs, lodges or halls.
o. On-sale liquor establishments.
p. Pawnshops (250-foot setback from any residential zone and 500-foot setback from
schools, parks, day care centers, churches and other pawnshops, measured from the
property line).
q. Produce markets.
r. Religious institutions.
s. Sauna establishments.
t. Shopping centers.
u. Veterinary clinics.
Sec. 30-1587. Focused area study (FAST).
The focused area study (FAST) district is established to provide land use, architectural, and bulk
regulations to the 900 acres of property located on each side of Highway 10/169 between 177th
Avenue and 185th Avenue.
The FAST is intended to incorporate the findings and recommendations developed from the 171st
focused area study and as amended from time to time. Because of the diverse range of activities
envisioned within the district, all within a common master plan, zoning is regulated through the
development of sub-zones. The subzones are:
(a) The Point
(b) The Pinnacle
(c) North Business Park
(d) Hillside Heights
(e) Office Village
(f) River West Residential
(g) Hwy 10/169 Service Commercial
(h) The Hinge
(i) East Elk River Gateway
(1) The Point (A).
a. Purpose. Subzone "A" is established to provide an environment for high density
residential development and to maximize the recreational and aesthetic benefits of the
river. Most development is less than three stories.
b. Permitted uses are as follow:
1. Model homes in compliance with section 30-800.
2. Public parks.
3. Residential, apartments.
4. Residential, multiple-family.
5. Residential facilities. (One to six persons.)
6. Townhouses, attached. Section 30-994 subsections (e)—(k) shall apply.
c. Accessory uses are as follows:
1. Accessory structures (provided the materials are the same as those of the existing
principal structure).
2. Public shelters.
3. Signs as permitted in section 30-851 et seq.
d. Conditional uses are as follows:
1. Boardinghouses.
2. Business offices.
3. Development of property within the 50-foot setback of the wild and scenic river
district.
4. Health care facilities, inpatient.
5. Health care facilities, outpatient.
6. Licensed day care facilities (13 or more children).
7. Nonprofit clubs.
8. Professional offices.
9. Residential facilities (seven to 16 persons).
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.
7. Light manufacturing.
8. Mail order operations.
9. Physical recreation and training.
10. Printing shops.
11. Professional offices.
12. Public parks.
13. Research and development facilities.
14. Restaurants, class I.
15. Restaurants, class II.
16. Retail sales establishments.
17. School, vocational.
18. Warehouses (not exceeding 50 percent of the entire building).
19. Wholesale businesses.
c. Accessory uses are as follows:
1. Accessory structures (provided the materials are the same as those of the existing
principal structure).
2. Cocktail rooms.
3. Outdoor storage areas accessory to principal use.
4. Signs as permitted in section 30-851 et seq.
d. Conditional uses are as follows:
1. Bottling and distribution.
2. Brewer taprooms producing 10,000 or more barrels of malt liquor annually.
3. Bus storage. Not to exceed ten buses, unless the property has direct access to an
arterial or collector street.
4. Commercial recreation facilities.
5. Development of property within the 50-foot setback of the wild and scenic river
district.
6. Dry cleaning establishments.
7. Equipment rental.
8. Firearm sales.
9. Health care facilities, inpatient.
10. Hospitals.
11. Kennels, commercial.
12. Laundry establishments.
13. Loading areas (when overhead doors are located in front yards).
14. Manufacturing, light enclosed with related retail sales.
15. Microdistilleries.
16. Motor vehicle repair shops.
17. Nonprofit clubs.
18. Recycling processing centers.
19. Storage tanks.
20. Telecommunication operations.
21. Vehicle sales and services.
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 30-1295 (business park).
c. Accessory uses are as follows:
1. All uses allowed as an accessory use in section 30-1295 (business park).
d. Conditional uses are as follows:
1. All uses allowed as a conditional use in section 30-1295 (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 30-1295 (business
park).
(4) Hillside Heights (D).
a. Purpose. Subzone "D" establishes an environment that provides a range of housing
options and takes advantage of wetland views and woodland typology. The area 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.
4.3. Kennels, private, on parcels less than five acres.
5.4. Professional offices.
6.5. Public parks.
7.6. Residential, apartments.
8.7. Residential, multiple-family. (4 units max)
9.8. Residential, single-family.
10.9. Residential facilities (1-6 persons)
11.10. State licensed residential facilities or a housing with services establishment
registered under chapter 144D serving six or fewer persons, a licensed day care
facility serving 12 or fewer persons, and a group family day care facility licensed
under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children
shall be considered a permitted single family residential use of property for the
purposes of zoning, except that a residential facility whose primary purpose is to
treat juveniles who have violated criminal statutes relating to sex offenses or have
been adjudicated delinquent on the basis of conduct in violation of criminal statutes
relating to sex offenses shall not be considered a permitted use.
12.11. Towers, up to 60 feet in height.
13.12. Townhouse, attached. Section 30-994 subsections (e)—(k) shall apply.
c. Accessory uses are as follows:
1. Accessory structures.
2. Private recreational facilities.
3. Public shelters.
4. Signs as permitted in section 30-851 et seq.
d. Conditional uses are as follows:
1. Bed and breakfast establishments, non-homeowner-occupied.
2. Cemeteries, minimum lot size four acres.
3. Cooperative gardening in preserved open space.
4. Golf courses and country clubs.
5. Governmental offices.
6. Floriculture, in preserved open space
7. Health care facilities, inpatient
8. Home occupations, conditional.
9.8. Horticulture, in preserved open space.
10.9. Kennels, commercial.
11.10. Kennels, private, on parcels less than five acres.
12.11. Licensed day care facilities for 13 or more children.
13.12. Residential, multiple-family, provided that business/commercial uses at street
level occupy the floor.
14.13. Residential facilities (7-16 persons)
15.14. Stables, private.
16.15. Telecommunication operations.
e. Interim uses. Interim uses as follows:
1. Home occupations.
e.f. Bulk regulations. Bulk regulations are listed in section 30-1588.
f.g. Architectural standards. Architectural standards are outlined in section 30-938.
(5) Office Village (E).
a. Purpose. Subzone "E" provides for redevelopment toward large office, business center,
and showroom businesses. Good visibility but poor access once the transportation
system is finalized will yield attractive, destination type development opportunities. The
focus of the district is job creation, where highway access is not a necessary component
of successful businesses. Most development is less than three stories.
b. Permitted uses are as follow:
1. Brewpubs.
2. Brewer taprooms producing less than 10,000 barrels of malt liquor annually.
3. Business offices.
4. Financial institutions.
5. Firearm sales.
6. Health care facilities, outpatient
7. Mail order operations.
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.
10. Health care facilities, inpatient.
11. Hospitals.
12. Hotels.
13. Kennels, commercial.
14. Laundry establishments.
15. Loading areas (when overhead doors are located in front yards).
16. Manufacturing, light, enclosed with related retail sales.
17. Microdistilleries.
18. Motels.
19. Motor vehicle repair shops.
20. Motor vehicle service stations.
21. Motor vehicle specialty shops.
22. On-sale liquor establishments.
23. Recycling processing centers.
24. Sauna establishments.
25. Shopping centers.
26. Storage tanks.
27. Vehicle sales and service.
28. Veterinary clinics.
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.
4.3. Licensed day care facilities for 12 or fewer children.
5.4. Model homes in compliance with section 30-800.
6.5. Open space preservation development plats within the R-1A district (residential
clustering).
7.6. Public parks.
8.7. Residential, single-family.
9.8. Residential facilities (one to six persons).
10.9. State licensed residential facilities or a housing with services establishment
registered under chapter 144D serving six or fewer persons, a licensed day care
facility serving 12 or fewer persons, and a group family day care facility licensed
under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children
shall be considered a permitted single family residential use of property for the
purposes of zoning, except that a residential facility whose primary purpose is to
treat juveniles who have violated criminal statutes relating to sex offenses or have
been adjudicated delinquent on the basis of conduct in violation of criminal statutes
relating to sex offenses shall not be considered a permitted use.
11.10. 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.
3. Educational institutions.
4. Governmental facilities.
5. Home occupations, conditional.
6.5. Kennels, private.
7.6. Licensed day care facilities in religious institutions.
8.7. Religious institutions
e. Interim uses. Interim uses as follows:
1. Home occupations.
e.f. Bulk regulations. Bulk regulations are listed in section 30-1588.
f.g. Architectural standards. Architectural standards are outlined in section 30-938.
(7) Hwy 10/169 Service Commercial (G).
a. Purpose. Subzone "G" is to recognize the need for commercial establishments on or
serving with immediate access to major highways. Permitted land uses should take
advantage of the highway access in a manner which other business districts are not
afforded. In addition to retail and commercial uses, quasi-industrial and wholesale
enterprises that do not meet an industrial setting and have considerable customer contact
are acceptable in the highway commercial district.
b. Permitted uses are as follow:
1. All uses allowed as a permitted use in section 30-1024 (highway commercial).
c. Accessory uses are as follows:
1. All uses allowed as an accessory use in section 30-1024 (highway commercial).
d. Conditional uses are as follows:
1. All uses allowed as a conditional use in section 30-1024 (highway commercial.
e. Bulk regulations. Bulk regulations are listed in sections 30-1041 and 30-1042.
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
171st 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.
5. Health care facilities, outpatient
6. Personal service establishments.
7. Physical recreation and training.
8. Printing shops.
9. Professional offices.
10. Public parks.
11. Research and development facilities.
12. Restaurants, class I.
13. Restaurants, class II.
14. Retail sales establishments.
15. Therapeutic massage when offered within the confines of a medical or chiropractic
clinic.
c. Accessory uses are as follows:
1. Accessory structures (provided the materials are the same as those of the existing
principal structure).
2. Cocktail rooms.
3. Signs as permitted in section 30-851 et seq.
d. Conditional uses are as follows:
1. Brewer taprooms producing 10,000 or more barrels of malt liquor annually.
2. Commercial recreation facilities.
3. Dry cleaning establishments.
4. Financial institutions.
5. Governmental facilities.
6. Healthcare facilities.
7. Hosptials.
8. Laundry establishments.
9. Loading areas (when overhead doors are located in front yards).
10. Mail order operations.
11. Manufacturing, light.
12. Microdistilleries.
13. Motor vehicle repair shops.
14. Motor vehicle service stations.
15. Motor vehicle specialty shops.
16. Nonprofit clubs.
17. Off-sale liquor stores.
18. On-sale liquor establishments.
19. Outdoor storage, provided the storage area is:
i. Is accessory to a principal permitted or conditional use; and
ii. Complies with the accessory structure setback requirement applicable to the
property; and
iii. Is no larger than 30 percent of the building area; and
iv. Includes screening so as to provide a visual barrier. Any such barrier shall reduce
visibility in a manner that restricts vision of the object being screened, but is not
required to totally 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, measured from the
property line).
21. Shopping centers.
22. Storage tanks.
23. Telecommunication operations.
24. Vehicle sales and service.
25. Veterinary clinics.
26. Warehouse spaces exceeding 50 percent of the total building floor area up to a
maximum of 65 percent.
e. Bulk regulations. Bulk regulations applicable to the Point sub-zone are listed in section
30-1588.
f. Architectural standards. Architectural standards applicable to the Point sub-zone are
outlined in section 30-938.
(9) East Elk River Gateway (I).
a. Purpose. Subzone "I" is established to provide opportunity for destination retail and
service developments immediately adjacent to the Highway 10/ Twin Lakes Road
intersection. Closer to the river, uses transition to multiple-family residential and public
open space. The focus of the district is service and retail node intended to serve the
regional population while maximizing the recreational and aesthetic benefits of the river.
As the Twin Lakes Road and Highway 10 intersection transitions to an interchange,
additional right-of-way will be necessary, requiring the relocation of businesses. These
areas anticipated to be necessary for the interchange are identified as temporary
destination retail in the FAST study.
b. Permitted uses are as follow:
1. Brewpubs.
2. Brewer taprooms producing less than 10,000 barrels of malt liquor annually.
3. Business and professional offices.
4. Financial institutions.
5. Firearms sales.
6. Personal service establishments.
7. Physical recreation and training.
8. Public parks.
9. Restaurants, class I.
10. Restaurants, class II.
11. Retail sales establishments.
c. Accessory uses are as follows:
1. Accessory structures.
2. Cocktail rooms.
3. Off-street parking facilities.
4. Off-street loading facilities.
5. Private recreational facilities.
6. Public shelters.
7. 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.
7. Educational institutions.
8. Equipment rental businesses.
9. Governmental facilities.
10. Health care facilities, inpatient.
11. Health care facilities, outpatient.
12. Hospitals.
13. Hotels.
14. Licensed day care facilities.
15. Microdistilleries.
16. Motels.
17. Motor vehicle service stations.
18. Motor vehicle specialty shops.
19. Nonprofit clubs, lodges, or halls.
20. On-sale liquor establishments.
21. Sauna establishments.
22. Shopping centers.
23. Vehicles sales and services.
24. Veterinary clinics.
e. Bulk regulations. Bulk regulations are listed in sections 30-1041 and 30-1042.
f. Architectural standards. Architectural standards are outlined in section 30-1024 (highway
commercial).
(Ord. No. 16-19, § 1, 8-15-2016; Ord. No. 19-15, § 14, 8-19-2019; Ord. No. 20-03, § 4, 3-16-2020)
Sec. 46-34. Public nuisances.
(a) The following are declared to be public nuisances:
…..
(28) The parking of a truck tractor and/or trailer, or other commercial type vehicle,
excluding pickup trucks or vans, in excess of 7,000 pounds gross weight, on:
a. Public property within an area zoned residential; and
b. Residential lots in all zoning districts below two and one-half acres in size, unless an
interim conditional use permit for a home occupation has been granted, provided the
vehicle is parked on an approved surface, and all other provisions of the city code are
complied with.
(29) The idling of a truck tractor in excess of 15 minutes from April 16 through October
31, and 30 minutes from November 1 through April 15.
(b) In the enforcement and interpretation of this section, the city shall take into account the fact
that there is significant diversity of uses in the city, particularly the fact that substantial portions
of the city are agricultural lands. Some of the listed nuisances may not be deemed to be
nuisances when they are reasonably conducted and related to productive agricultural use of land.
Created: 2023-08-08 11:17:05 [EST]
(Supp. No. 58)
Page 1 of 2
Sec. 30-801. Home occupations.
(a) Purpose. The purpose of this section is to provide a means, through the establishment of specific standards
and procedures, by which home occupations can be conducted in residential neighborhoods, within a
dwelling unit, without jeopardizing the residential character or health, safety and general welfare of the
surrounding neighborhood. In addition, this section is intended to provide a mechanism enabling a
distinction between permitted home occupations and conditional home occupations, so that permitted
home occupations may be allowed through an administrative process rather than a quasi-judicial hearing
process.
(b) Prohibited activities. No home occupations (permitted or conditional) shall:
(1) Constitute a fire hazard to neighboring residences, adversely affect neighboring property values, or
constitute a nuisance or otherwise be detrimental to the neighbors because of excessive traffic, noise,
glare, odor, electrical interference, vibration, dust and other nuisance or safety hazards.
(2) Adversely affect governmental facilities and services, including roads, sanitary sewers, water, storm
drainage, garbage service, police service and fire service.
(3) Adversely affect sensitive environmental features, including lakes, surface water and underground
water supply and quality, wetlands, slopes, floodplains and soils, or other factors as found relevant by
the city.
(4) Involve the use of hazardous materials or activities.
(5) Involve any of the following: body shops, machine shops, ammunition manufacturing, flea markets,
motor vehicle repairs within the Urban Service District, motor vehicle sales, escort businesses, sexually
oriented land uses, gun repair and/or sales, or other objectionable uses as determined by the city
council.
(c) Permitted home occupations. Permitted home occupations (occupation) shall be allowed subject to the
conditions of this section, other applicable city ordinances and state law. If the city denies establishment of
an occupation to a resident, the resident may appeal the decision pursuant to the provisions of subdivision II
of division 2 of this article. Permitted occupations are subject to the following criteria:
(1) The occupation may only be conducted by an individual who resides on the property and uses the
residence as a primary address for legal purposes.
(2) The occupation shall be carried on entirely within the dwelling unit.
(3) There shall be no exterior evidence of the occupation such as displays or exterior storage of business
equipment, materials, merchandise, inventory, and/or heavy equipment.
(4) No noise, lights, odors, dust, gas, heat, vibration, glare, or other physical manifestations resulting from
the occupation shall be evident beyond the boundaries of the property on which the occupation is
being conducted.
(5) The occupation shall not require internal or external construction features not customarily found in
single-family residential dwellings.
(6) A maximum of one full-time employee, or equivalent, other than those persons who customarily reside
on the premises shall be employed.
(7) Occupations involving teaching shall not exceed two pupils at a time.
(8) Signage shall not exceed four square feet in area and shall be mounted flat on the outside wall of the
dwelling unit or attached accessory structure.
Existing for Reference
Created: 2023-08-08 11:17:05 [EST]
(Supp. No. 58)
Page 2 of 2
(9) Occupations shall not be serviced by delivery vehicles larger than 26,000 pounds gross vehicle weight.
(10) No occupation shall have outside employee and/or customers between the hours of 9:00 p.m. and 7:00
a.m.
(11) Occupations shall not create a parking demand in excess of that which can be accommodated in an
existing driveway, where no vehicle is parked closer than 15 feet to the curbline or edge of the paved
surface nor is parked within any right-of-way.
(12) The operation of any wholesale or retail business, unless it is conducted entirely by courier, email, or
mail, and/or does not involve the sale, shipment, or delivery of merchandise to or from the premises, is
prohibited. On-site sales shall be limited to those clearly incidental to services provided in the dwelling.
(13) Permitted home occupations may not involve repair of internal combustion engines or use of
equipment which is not normally found in a home, except that equipment which is typically in an office
may be used.
(d) Conditional home occupations. Home occupations that do not involve prohibited activities but that exceed
the permitted home occupation criteria may be allowed with approval of a conditional use permit by the city
council pursuant to the provisions of subdivision II of division 2 of this article.
(e) Inspections. The city may at any reasonable time inspect the home occupation to determine if the applicant
is strictly adhering to the criteria for a permitted home occupation or the conditions placed on a conditional
home occupation.
(f) Revocation or expiration of a conditional use permit for home occupations.
(1) Expirations of conditional home occupations shall be as set forth in section 30-656.
(2) Revocation of conditional use permits for home occupations shall be as set forth in section 30-659.
(Code 1982, § 900.25; Ord. No. 05-09, § 2, 4-4-2005; Ord. No. 14-16, § 1, 11-17-2014; Ord. No. 19-11, § 1, 5-20-
2019)
Cross reference(s)—Licenses and business regulations, ch. 38.
Home Occupations
Background Numerous work sessionsThe city has been working on this since February 2023Brief history
Types of Home Occupations possibly additional city/state licensingBoth permitted and CUP/IUP require a city permit and Not guaranteedapproval with a public hearing and action by CCIf
they do not meet the 8 criteria listed, they can apply for CUP/IUPadministratively If they meet the criteria listed, they can be approved PermittedThese listed uses cannot occur
at allProhibited
Other Types of Occupations Home OfficeComputer RepairHobbiesPiano LessonsTaxesFlowersCraft ItemsBaked goodsHair Salonhome occupations:The following occupations are generally
examples of permitted
Other Types of Occupations Residential facilities/group homesDaycaresTractor/trailer parkingsections, as well as the state:The following occupations are regulated by other city ordinance
Background Waste)etcNuisance (noise, fumes, tracking, TrafficAppearanceimpacts on neighborsOccupations that typically require these could have negative Outdoor storage of machinery/equipment
and materialsStructuresAccessory Occupational uses in prohibiting:The primary focus of this amendment review was to consider
Background Architect/Engineers are requiredseveral commercial building codes in residential areasAllowing certain uses (auto repair for example) can trigger Building code considers
the structure/use, not the zoningOne on a commercial propertyBusiness operating on a residential property versusState building code does not differentiate between:Occupation CUP’sHome
Building code issues surfaced in recent years with When and why did this review start?Accessory Structures–
Background Architect/engineer will be requiredstructuresThe CC directed staff to maintain the use of accessory prohibiting occupations in accessory structuresStaff has been supportive
of and the PC recommended accessory structuresOccupations led to discussions prohibiting occupations in Professional design services & original intent of Home Accessory Structures–
Background CUP’sOutdoor storageregarding:led into along with recently reviewed CUP’s, The accessory structures, Accessory Structures–
Background not the owner–Runs with the property May require conditions to alleviate negative impactsPC & CC review proposed usesA public hearing processWhat is a CUP?CUP vs IUP–
Background the propertyhearings, conditions, etc.) but an IUP does not continue with Both CUP & IUP have the same approval process (public Void at a particular date or occurrenceMay
require specific conditions to alleviate negative impactsdistrict PC & CC review a use that is similar to uses allowed in the A public hearing processWhat is an IUP?CUP vs IUP–
Background when solduse and end date for possible renewal Provides a IUPbe prohibited, rather reviewed and approved as an Neither staff nor PC recommend that Home Occupation CUP’s Occupations
be approved with an IUP vs a CUPThe PC during a work session recommended Home CUP vs IUP–
Background Generally, the outdoor storage of materials and equipmentStaff, PC, & CC support prohibition of outdoor storageOutdoor Storage–
Moratorium January 26, 2024, whichever occurs firstWill expire upon publication of the new ordinance, or Ensures the guidance from the PC and the CC is includedreferencing home occupations
and interim uses-Provides time to review other ordinance sections, crossCC adopted moratorium on October 2, 2023due to changes needed for Interim UsesPH, took comments, closed PH,
and postponed indefinitely CC reviewed amendment on September 18, 2023August 22, 2023801 amendments -PC recommended approval of the Sec. 30
Section 30 IUP’sProhibited UsesHours of OperationKey components are:recap-801 Home Occupations -
Hours of Operation Minimizes the likelihood of negative impacts to neighborhood.All day on SundaySat-7:00 am Mon-Prohibited between 7:00 pm
Prohibited Uses products, and dumpstersInclude work vehicles/equipment in addition to materials, SetbacksLot size optionsPC discussPC and CC can discuss permitting based on lot size.
Outdoor StorageMotor vehicle repairs and/or sales
Prohibited Uses commercial/industrial propertyIf they need to expand, it might be time to relocated to grandfather in and will be able to continueAlready approved outdoor storage Home
Occupations will be Previously Approved–
Interim Use Permit (IUP)Can be extended with a new IUPTimeframe is to evaluate if any impactsyear timeframe or property is sold-3Continues with the user, not the propertyprocess(administrative
approval) will be reviewed through the IUP An occupation that does not meet the permitted requirements
Section 30 Removed preexisting business languageProfessional Design Services required. of accessory structure sizesq.ftMaintaining 440 Added languageHome Occupations to Residential
OccupationsreceivedStaff made a couple amendments to what the PC initially v2801 Home Occupations -
Other Sections Applicant and User changed to Property Owner and LesseeOne edit was made658 Interim Uses-Section 30proposed to be amendedThe definitions of home occupation and interim
use are 1 Definitions-Section 30
Other Sections Removed the references to Conditional UsesERP-1584 MU-1583 CRT and Section 30-Section 30For consistency, Interim Uses were placed after Conditions Uses1027 XCR Extreme
Commercial Recreation-Section 30A new Interim Use heading was added to these sections994 R3 Townhome District-District, and 30993 R2b -992 R2a District, 30-991 R1 District, 30-Sections
30
Other Sections UseRemoved the reference to Conditional 34 Public Nuisances-Section 46subzonesA new Interim Use heading was added to relevant 1587 Focused Area Study (FAST)-Section
30
Goals and Purpose neighborhoodsafety, and general welfare of the surrounding Minimize impacts to the residential character or health, conducted on residential propertiesProvide a means
by which home occupations can be Purpose residents’ investment in their propertiesthe appearance of the neighborhoodthe quality of life in residential neighborhoodsProtect…