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7.3 SR 11-20-2023Request for Action To Item Number Ma Tor and CinT Council 7.3 Agenda Section Meeting Date Prepared by Public Hearings November 20, 2023 Chris Leeseberg, Senior Planner Item Description Reviewed by Ordinance: Home Occupations Zack Carlton, Communi r Develo ment Director Reviewed by Cal Pormer, Ci r Administrator Action Requested Adopt, byT motion, an ordinance of the following sections pertaining to Home Occupations and Interim Uses: 1. Section 30-1 Defin�itions 2. Section 30-658 Interim Uses 3. Section 30-801 Home Occupations 4. Section 30-991 R1 District 5. Section 30-992 R2a District 6. Section 30-993 R2b District 7. Section 30-994 R3 Townhome District 8. Section 30-1027 XCR Extreme Commercial RecYeation 9. Section 30-1583 CRT Commercial Reserve Transition 10. Section 30-1584 MU-ERP Mixed Use - Elk River Plaza 11. Section 30-1587 Focused Area Stud�r (FAS'I') 12. Section 46-34 Public Nuisances Adopt, byT motion, a resolution approving summaryT publication sections pertaining to Home Occupations and Interim Uses. Background/Discussion After several work sessions with the Planning Commission and Cit�r Council, staff drafted amendments to the Home Occupation and Interim Use Permit ordinances based on direction received during the `vork sessions and public hearings. Planning Commission During the public hearing, numerous people spoke, and the most common concern `vas the proposed removal of outdoor storage. Commenters requested that it be based on lot size and location. There were also discussions regarding Conditional Use Permits (CUP) vs. Interim Use Permits (IUP) `vith support for both processes. Staff provided background information on the amendment to clarifyT several misunderstandings. The Commission maintained their recommendation that any home occupation which does not meet the permitted residential occupation standards should be processed through an IUP and recommended approved IUPs be terminated when the propeYtyr is sold. The Commission did not see a need foY a specific time frame on the IUP. The Elk River Vision A 2a�elcolning co�nlnunity 2a�ith T evolutiona� y and spizzted T esou� cefulness, exceptional se�vice, and coln�nunity engagelnent that encou�ages and ins�iz•es pTo�pe�zty. rowEREo ar �I'1 �� Update�l• January 2023 Based on public comment, the Commission recommended that the proposed hours of operation be on1yT for residential occupations that receive an IUP and that permitted residential occupations mayT operate 24/7. Permitted occupations generally take place within the home and would not impact adjacent residential properties. For prohibited uses, the Commission did not specifically- discuss prohibition of motor vehicle repairs other than a comment on repairing internal combustible engines, which also had no public comment Staff asks the Cit�r Council to review this change and provide direction to prohibit motor vehicle repairs or continue to allow the use. The Commission's recommendation is to prohibit the use in residential areas. Outdoor storage was most discussed b�T the public. The Commission on their initial review and recommendation supported prohibiting outdoor storage and agreed it was beneficial for propertyT owners to be able to request outdoor storage as it `vould be evaluated on a case-byT-case basis using an NP application. There was no direction on the parameters of outdoor storage such as size, location, screening, or should it allow work vehicles/equipment in addition to materials, products, and dumpsters. The proposed language outlines outdooY stoYage as the Commission Yecommended. If the Council agYees with maintaining outdooY storage, staff Yecommends that outdoor storage be limited to the R1-a district on lots 10- acres or larger and shall follow Section 30-807 outdoor storage, to include screening and paving. The CityT Council should also consider a setback for storage as it could be as close to 10-feet from a propert�T line in a residential district, and as close as 30-feet from a single-familyT home. A separation of 50-feet or more from all adjacent residential structures should be considered. Outdoor Stora�e Outdoor storage is not allo`ved in the cinT's commercial districts as it is not compatible with uses in those districts. Outdoor storage is generally expected to be located `vithin industrial districts. With approval of the amendment as proposed byT the commission, outdoor storage would be allowed in: ■ Industrial Districts I-1 and I-2 o CUP required, accessoryT to principal use. o Must be paved with approved surface. o Completely screened public ROW and commercial/residential zoned parcels. ■ Business Park District o CUP, accessor�T to principal use, multiple regulations including size limit. o Must be paved �vith approved surface. o Completelyr scYeened public ROW and commeYcial/Yesidential zoned paYcels. ■ Extreme CommeYcial Recreation (ER� o CUP, accessoryT to principal use, multiple regulations including size limit. o Must be paved with approved surface. o Completely screened public ROW and commercial/residential zoned paYcels. ■ Commercial Reserve Transition o NP required, accessory to principal use. o Must be paved with approved surface. o Completel�T screened public ROW and commercial/residential zoned parcels. ■ All Residential Districts o No Yegulations Yecommended b�r the Planning Commission. o Should outdoor storage be more restricted/regulated in residential districts than it is in industrial districts? To summarize, the Commission recommended some minor changes to Section 30-801 such as the hours of opeYation and clarification that an architect is required. They also recommended residential occupations be reviewed as an NP instead of a CUP. The remainer of the proposed ordinance outlines uses and procedures as it currentlyT does. Staff also made some formatting changes and removed redundancies. Adoption of this ordinance will cause the home occupation moratorium to expire upon publication, `vhich is anticipated to be November 25, 2023. Per counsel's direction, staff `vill be removing the administrative permit requirements for permitted residential occupations. Financial Impact None Mission/Policy/Goal ■ Maintain livable neighborhoods. ■ Protect the qualityT of residential life. ■ Protect the appearance of the neighborhood. ■ Protect residents' investment in their residential properties. Attachments ■ Ordinances ■ Summar�r Ordinance ■ Planning Commission Memo dated October 24, 2023 ��r�� to be removed Unde�lines to be added of ver Ordinance 23- An Ordinance Amending Chapter 30, Sections, 30-I, Definitions, 30-658, Interim Uses, 30-801, Home Occupations, 30-991, RI District, 30-992, R2a District, 30-993, R2b District, Section 30-994, R3 Townhome District, Section 30- I 027, XCR Extreme Commercial Recreation, 30- I 583, CRT Commercial Reserve Transition, 30-1584, MU-ERP Mixed Use - Elk River Plaza, 30-1587, Focused Area Study (FAST), and Section 46-34, Public Nuisances, of the City of Elk River, Minnesota, City Code The CityT Council of the CityT of Elk River does herebyT ordain as follo�vs: SECTION 1. That � 30-1, Definitions of the CityT of Elk River Code of Ordinances shall be amended to read as follows: F�e�-idential occz��atiora means an��ainful occu�ation oY �rofession conducted on residentiallti� zoned �ro�eYtv,� within a dwelling, or accessor�r structuYe, and �rinci�all�r used and occu�ied b� membeYs of a familv residing therein. The use must be clearlv incidental and secondar�r to the use of the dwellin� for residential �ur�oses and shall not chan�e the chaYacter thereo£ There are two tv,�es ot residential occu�ations: 1. Pe�7nitte�l aYe those occu�ations that satisfv the criteria of subsection 30-801(� �vhich are an accessor�r use �rocessed administrativelv. 2. Irate�zln aYe those occu�ations not satisf�ring the criteria of subsection 30-801(c� which are an accessor�r use that Yec�uire a�ublic hearin� nursuant to the �rocedures and standards for an interim use �ermit. Inte�zyn use means ��l temporaryT use of a property until a particular date, or until the occurrence of a particular event. SECTION 2. That � 30-658, Interim uses of the Cit�T of Elk River Code of Ordinances shall be amended to read as follows: Sec. 30-658. Interim uses. (a) Definitions. The definitions in section 30-1 aYe applicable in this section. (b) Autboyz�ation. The city council may authorize interim uses of pYopeYtyr by issuance of interim use peYmits. Last LJpdated]anuar� 2023 row�REo er �� r�� to be removed Unde�lines to be added (c) Bequized findings. Before the city council may authorize an interim use, it must make the following findings: (1) The period of time foY which the interim use peYmit is to be gYanted will teYminate before any adverse impacts are felt upon adjacent properties. (2) TheYe is adequate assurance that the pYopeYty will be left in suitable condition after the use is terminated. (3) The use is similar to uses allo�ved in the zoning district in which the propertyT is located. (4) The date or event that will terminate the use can be identified with certaintyT. (5) Authorizing the use `vill not impose additional costs on the public if it is necessaryT for the public to take the propertyT in the future. (6) The � : nro�ert�- o«rner or lessee agree to all conditions that the cityr council deems appropriate for authorization of the interim use. (7) The applicant provides assurances deemed adequate byr the cityr council that the use will terminate as provided in the interim use permit The cityT council mayT require the applicant to deposit a cash amount with the cit�r, or provide some other form of securit�-, 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 �vith the CityT of Elk River Comprehensive Plan and confoYms to the cityr's zoning Yegulations. Application forpeT7nit.. Applications for interim use peYmits shall be pYocessed in the same manneY as for conditional use permits, as established in this subdivision III. SECTION 3. That � 30-801, Home occupations of the CityT of Elk River Code of Ordinances shall be amended to read as follo`vs: . -. - - - - .- - - . � . � . ., ., . . ., - , � ,` . , ' . ' . ' . PONEREO er �� Last LJpdated]anuar� 2023 ��r�� to be removed Unde�lines to be added _ � " . . � . . .. . .� � b . ,� � . . . -� . .� .� . . . ,� ri�...�:..�si..s.w s.. n��....--�-:i�iif�w� ■ � � � _ � � ' m��.tuo..w �...�..�i��' .�' . b . �fl�!!�!l�.fl�lfff �� l�1�Llla�f ► - . ' - ' . - '- - � � . � . . � . . . � b .. l�iff �!l�:�ER!!A!!!�E �i!!Ibl�1!!f . .. - - _ � � ' - - � Last LJpdated]anuar� 2023 row�REo er �� r�� to be removed Unde�lines to be added . , . � _ _ �e��■rax�e��s ��sar eesser r�r � mwi siesn'ruar �e�9r iaaais�iiraess�aasi siiisi��r �vi i�s ii�e9�si esser r — � � � • • ,-ti: r..-. 2 (1 /_ G (1 Sec. 30-801. Residential occu�ations. (�1) Puz�o.re. The �urqose of this section is to �rovide a means, thYough the establishment of specific standards and �rocedures, b�T `vhich residential occu�ations can be conducted in residenrial neighborhoods, without jeo�ardizing the residential chaYacter or health, safe � and general welfare of the surrounding neighborhood as well as the users of the �ro�ertt�. In addition, this section is intended to �rovide a mechanism enablin� a distinction between t�ermitted residential occu�ations and interim residential occu�ations, so that �ermitted residential occu�ations ma�J be allowed through an administrative �rocess rather than a c�uasi-judicial hearin�process. �b) P�obi��ited activities. No Yesidential occu�ation PeYmitted oY Interim) shall: (11 Be conducted b�r an individual who does not reside on the �ro�ertv and uses the residence as a�rimar�r addYess foY legal �ur�oses. (2) O�erate between the hours of 7:00 �.m. and 7:00 a.m. Monda�r thYough Saturdav and all da�� on Sunda�r. a. Exce�tion. PeYmitted Yesidential occu�ations as outlined in Section 30-801 (ci. (3) Reduce the dimensions of accessory structure s�ace, used foY gaYage pur�oses, to less than 440 sc�uaYe feet where dimensions of 20' x 22' must be maintained. (4) Constitute a fire hazard to neighboring residences, adveYselv affect neighboring pro�eYtv values, oY constitute a nuisance oY otherwise be detrimental to the neighbors because of excessive t�affic, noise�glare, odor, electrical interference, vib�ation, dust and other nuisance oY safett� hazards. (5) In`rolve an�r of the follo�vin� a. Ammunition manufacturing. b. Bodjr sho�s. c. Escort businesses. Last LJpdated]anuar� 2023 row�REo er �� r�� to be removed Unde�lines to be added d. Flea markets. e. Gun re�air and/oY sales. f. HazaYdous materials or acrivities, as defined b�r the iVlinnesota State Building Code. g. iVlachine sho�s. 11. Motor vehicle re�airs. i. Motor vehicle sales. i. Re�air of internal combustion engines. k. Sexuallv oriented land uses. 1. Wholesale or retail business, unless conducted entireltir b�r courier, mail, oY email. m. Welding. (6) Have signage greater than four (� sc�uare feet. (7i Adversel�r affect goveYnmental facilities and ser�rices, including roads, sanitar�r sewers, water, storm drainage, garbage service�olice and fire service, sensirive environmental features, including lakes, surface �vater and underground water su�pl�r and c�ualit�,� �vetlands, slo�es, flood�lains, and soils, or other. (c) Pe�7nitted re.rideratial occu�ations. Permitted Yesidential occu�ations occu�ation) shall be allowed subject to the conditions of this section, other a�plicable citv oYdinances, and state laws and statutes. Permitted Yesidential occu�ations must satisfv the following criteria: � The occu�ation shall be carried out entirel�T within the dwelling unit. (2) No noise, lights, odors, dust�gas, heat, vibration�glare, or other �h�Tsical manifestations resulting from the occu�ation shall be evident be��ond the boundaries of the �ro�ert�r on �vhich the occu�ation is being conducted. �3) Use ec�ui�ment which is not normall�� found in a home (such as, but not ]imited to, stationar�,�oweY tools and salon seats� exce�t that ec�ui�ment which is t�icall�r in an office ma�T be used. �4) The occu�ation shall not Yec�uire inteYnal oY exteYnal construction featuYes not customaril�r found in single-famil�- residential d�vellings. (�) � ma�mum of one full-time em�lo�Tee, or ec�uivalent, other than those �ersons who customarilv Yeside on the �remises shall be em�loved. �) Occu�ations involving teaching shall not exceed two �u�ils at a time. (7) Occu�ations shall not be serviced b�T deliver�r vehicles larger than 26,000 �ounds gross vehicle weight. (8) Occu�ations shall not cYeate a�aYking demand moYe than that which can be accommodated in an e�sting drivewav oY a�proved surface area, wheYe no vehicle is �arked closer than 15 feet to the curb line oY edge of the �aved suYface noY is paYked within an�r right-of-wati�. �9) On-site sales shall be limited to those clearl�r incidental to the services �rovided. Last LJpdated]anuar� 2023 rowEREO er �� r�� to be removed Unde�lines to be added �10� There shall be no exterioY evidence of the occu�ation such as dis�la��s or exterior storage of business ec�ui�ment, materials, merchandise, inventor�,� and/or heav�T eaui�ment. �d) Lrte�zm �esi�leyatial occu�ations. Residential occu�ations that do not involve �rohibited activities but do not satisf�r the �ermitted Yesidential occu�ation criteria ma�� be allowed with a�proval of an Interim Use Permit b�r the cittr council �ursuant to the �rovisions of subdivision III of di�-ision 2 of this article. (1) The council ma�r im�ose such s�ecific conditions with YegaYd to the �ro�osed use as it considers necessar�� to �romote com�atibilit�� vith and minimize an,�otentiall�- adverse effects u�on adjacent �ro�erties, the neighboYhood, or the citt�. �) Outdoor stoYage must satisf�r the following criteria: a. Shall be in the R1-a district on lots 10-acYes oY larger. b. Shall follow Section 30-807. c. Shall be setback 50-feet or more from all e�sting residential structures. �e) Irre-�ectiora��. The cittr ma�r at an�r Yeasonable time ins�ect the Yesidential occu�ation to determine if the a�plicant is strictl�r adhering to the criteria foY a�eYmitted residential occu�ation or the conditions �laced on an interim residenrial occu�arion. � F�et�ocatioya oz� e.�iration o�an iyate�z�n u�e�e�7nit�o�� esi�Zential occu�ation�. �1) ��n a�pYoved Interim Use Permit shall terminate when the �ro�eYttr is sold or when a lease has ex�ired. �2) Ex�irations of interim residential occu�ations shall be as set forth in section 30-656. �) Revocation of interim use �ermits for Yesidential occu�ations shall be as set forth in section 30-659. � P�•ofessioyaal Design Seavices. The a�plicant shall en,gage the ser�rices of a�eYson licensed t�ursuant to Minnesota Statutes, Cha�teY 326 to verif�� e�sting/new structures meet current building codes based on the use. The exce�tions set forth in l��innesota Statutes 326.03, subd. 2, and iVlinnesota Rules�aYt 1800.5900 shall a�pl�r to this section. �h) The �ro�ertv owneY is res�onsible for the o�eYations of the Yesidential occu�ation and an�r liabilitt� related thereto. SECTION 4. That � 30-991, R-1 districts of the CityT of Elk River Code of Ordinances shall be amended to read as follows: Sec. 30-991. R-1 districts. (a� Pur�ose. (1) Gene�ally. The R-1 Yesidential districts aYe established to accomplish the geneYal purposes of this article and for the following specific purposes: a. Preserve living qualities of residential neighborhoods. Last LJpdated]anuar� 2023 row�REo er �� r�� to be removed Unde�lines to be added b. Ensure future high qualityT amenities, including, but not limited to, the provision of adequate light, air, privacyT, and convenience of access to propertyT. c. Increase convenience and comfort byr providing usable open space and recYeation space on or near the housing units theyT 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 undulyT heavy motor vehicle traffic. £ Encourage a varietyT and range of dwelling tyTpes and a wide range of population densities �vith emphasis on home ownership. (2) B-9a distazct.. The rural Yesidential district is intended to allow foY a ruYal lifestyrle by permitting low density residenrial development in areas that are marginal or nonfeasible for agriculture. The R-1a district is intended to be primarilyr a Yesidential district, but mayr also accommodate agriculture-related and accessory uses. This is the general aYea of the cityr 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 accessoryT uses. (3) 8-11� dist�zct.. This district is intended to provide land foY attractive and diveYse low densityr single-familyT residential development, and to primarilyT contain detached lo`v densityT single- family residential developments and low density planned unit development Subdivisions utilizing on-site sewage disposal systems and private wateY wells cannot exceed one single- famil�T residence per gross acre. Construction of on-site sewage disposal sy stems shall not be permitted on adjoining lots. Streets and other improvements ma�T be temporar�r in nature as approved by the cityT council. (4) B-1 c dist�zct.. This district is intended to provide single-family Yesidences in aYeas with full municipal public sanitary sewers, storm se�vers, and municipal `vater in areas that are a continuation of e�sting residential development patterns and the infilling of e�sting lots in established aYeas. (5) B-1d distTzct.. This district is intended to provide single-family residential districts with larger lots and higher qualityT housing t�Tpes in areas `vith full municipal public sewers, storm sewers, and municipal �uater in areas that possess significant natural features, including vegetation, `vetlands, and topographic features. This district is intended to encourage the design of subdivisions that protect natural features `vhile providing high qualityT housing sites. (b) Pe��nitted 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, homeo`vner-occupied. (3) Farm wineries (on1yT in the R-1a district on parcels five acres or larger). (4) Open space preservation (as peYmitted in section 30-511 et seq.). (5) Public parks. (6) Residential, single family. Last LJpdated]anuar� 2023 row�REo er �� r�� to be removed Unde�lines to be added (7) Residential facilities (one to siY persons). (8) State licensed residential facilities or a housing with services establishment registered under chapter 144D serving six or fe`ver persons, a licensed dayT care facilityT serving 12 or fe`ver persons, and a group familyT dayT care facilityT licensed under iVlinnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 oY feweY children shall be consideYed a permitted single family residential use of propertyT for the purposes of zoning, except that a residential facilityT 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) AccessoTy uses. Accessor�r uses in the R-1 districts aYe as follo��s: (1) Accessoryr dwelling units. (2) Agricultural buildings. {�}i3i Kennels, private. (On parcels five buildable acres or greater). {�}(4) Parking lots. �Private recreation facilities. (6) Residential occu�atioiis. (7) Structures, accessoryT. (8) Towers (less than 60 feet in height). (9) Tractor trailer parking (only in the R-1a district on parcels five acres or larger). (10) Trailer, temporaryT. (11) Signs (as peYmitted in section 30-851 et seq.). (d) Conditional uses. Conditional uses in the R-1 districts aYe as follows: (1) AgricultuYal uses (in the R-1b, R-1c, and R-1d districts on paYcels five acYes oY largeY and in the R-1A district on paYcels less than five acYes). (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) DayT care, (in religious institutions). (7) Educational institutions. (8) Farm �uineries (on1�T 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 countryT clubs. Last LJpdated]anuar� 2023 row�REo er �� r�� to be removed Unde�lines to be added (11) GoveYnment facilities. _ _ ; - {�} 12 HoYticultuYal uses. {�} 13 Kennels, commeYcial (in the R-1a district). {�} 14 Kennels, private (on paYcels less than five buildable acYes oY on paYcels located in cluster subdivisions). {�-Fr} 15 Mobile homes, temporar�T. {�} 16 Religious institutions. {�-�} 17 Stables, private. {�} 18 TYactoY trailer paYking (onlyin the R-1a district on paYcels less than five acres in size�. 1) Wayside stands. SECTION 5. That � 30-992, R-2a districts of the CityT of Elk River Code of Ordinances shall be amended to Yead as follotivs: Sec. 30-992. R-2a district. (a) Pu��ose. The R-2a district is intended to create low densityT housing areas as a transition bet�ueen single-familyT housing and higher densityT residential housing. (b) Pe��nitted uses. Permitted uses in the R-2a district are as follows: (1) Public paYks. (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 dayT care facility serving 12 or fewer persons, and a group familyT dayT care facilityT licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children shall be considered a permitted single famil�r Yesidential use of propeYtyr foY the purposes of zoning, except that a Yesidential facilit�r whose primar�r puYpose is to treat juveniles who have violated crimirial statutes Yelating 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) AccessoTy uses. AccessoryT uses in the R-2a district are as follows: {�}i1i Parking lots. �Private recreational facilities. (3) Residential occu�atioiis. Last LJpdated]anuar� 2023 row�REo er �� r�� to be removed Unde�lines to be added (4) Signs (as peYmitted in section 30-851 et seq.).] (5) Structures, accessoryT. (d) Conditional uses. Conditional uses in the R-2a district are as follows: (1) Da�r care (in religious institutions). (2) Educational institutions. (3) Governmental facilities. {�}(4i Religious institutions. {{�}i?i ZeYo lot line developments. SECTION 6. That � 30-993, R-2b districts of the City of Elk River Code of Ordinances shall be amended to Yead as follows: Sec. 30-993. R-2b district. (a) PuT�ose. The R-2b district is intended to: (1) Create low densityT multiple dwelling areas with a broad range of housing tyTpes; (2) Preserve and enhance transitional residential areas bet�ueen lower and higher densities in areas served b�T public utilities; and (3) Enhance transitional areas between low densit�T housing and other nonresidential land uses. The district must be served b�T public sanitar�T se`vers, storm sewers, and municipal water. (b) PeT�nitted uses. Permitted uses in the R-2b district are as follows: (1) Public paYks. (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 fe`ver persons, a licensed day care facilit�T serving 12 or fewer persons, and a group famil�T da�T care facilit�T licensed under iVlinnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 oY fe��eY children shall be consideYed a permitted single familyr Yesidential use of propertyr foY the purposes of zoning, except that a residential facilityr whose primary purpose is to treat juveniles who have violated criminal statutes relaring to sex offenses oY have been adjudicated delinquent on the basis of conduct in violation of crirninal statutes relating to sex offenses shall not be considered a permitted use. (c) AccessoTy uses. Accessoryr uses in the R-2b district aYe as follows: {�}i1i PaYking lots. �Private recreational facilities. Last LJpdated]anuar� 2023 row�REo er �� r�� to be removed Unde�lines to be added (3) Residential occu�ations. (4) Signs (as permitted in section 30-851 et seq.). (5) Structures, accessoryT. (d) Conditional uses. Condirional uses in the R-2b district aYe as follows: (1) Day care (in religious institutions). (2) Educational institutions. (3) GoveYnmental facilities. {�}(4) Religious institutions. {f�i?i Zero lot line developments. SECTION 7. That � 30-994, R-3 to�vnhome district of the CittT of Elk River Code of Ordinances shall be amended to read as follows: Sec. 30-994. R-3 townhome district. (a) Statelnent ofpuy�ose. The purpose of the R-3 townhome district is to accommodate a varietyT of housing ttTpes, including single-familyT detached, duplex and townhouse dwellings, at lo`v to moderate residential densities (approximately 11 units per acre or less). This district is also intended to function as a transition bet�veen the less intense single-family district and the moYe intense multifamily districts. Certain other structures and uses necessar�T to serve governmental, educational, religious, recreational, and other needs of neighborhoods are allowed as permitted oY conditional uses subject to Yestrictions intended to pYeserve and pYotect the residential character of the district. (b) Pe��nitted uses. Permitted uses in the R-3 district are as follows: (1) Public paYks. (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 fe�ver persons, a licensed dayT care facility serving 12 or fe�ver peYsons, and a gYoup familyr da�r caYe facilityr licensed undeY Minnesota Rules, paYts 9502.0315 to 9502.0445 to serve 14 oY feweY children shall be consideYed a peYmitted single family residential use of pYopeYt�r for the purposes of zoning, except that a Yesidential facilit�r 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) Accessozy uses. Accessoryr uses in the R-3 district aYe as follows: Last LJpdated]anuar� 2023 row�REo er �� r�� to be removed Unde�lines to be added {�}i1i Home occupations, peYmitted. �Private recreational facilities. (3) Residential occu�ations. �Signs (as peYmitted in section 30-851 et seq.). {�}�) Structures, accessor��. (d) Conditional uses. Conditional uses in the R-3 district aYe as follows: (1) Cemeteries (minimum lot size four acres). (2) DayTcare, licensed (for 13 or more children). (3) Educational institutions. (4) Government facilities. {{3}(5) Religious institutions. {�} 6 Residential facilities (7-16 peYsons). (e) Density and open �pace. Development standards for densityr and open space are as follows: (1) Density. The ma�mum 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 aYea less public street rights-of-wayT, wetlands, major drainageways as defined byT the comprehensive storm water management plan, water bodies and slopes steepeY than thYee to one (3:1) slope ratio. (2) Open s�ace �eguiTe�nents. In instances wheYe land is not given to meet the paYk dedication requirements as required byT 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, �vhichever is greater, and shall be privatelyT o�vned. The open space shall be of a qualityT that would allow it to be used for active recreational purposes. (� Building design and constzz�ction stan�iiT�s. The building design and construction standaYds aYe as follows: (1) Unit �a�idth. The rninimum width of a dwelling unit within the R-3 district shall be: a. For single-famil�T detached to`vnhomes or end units on buildings containing more than four units, 28 feet. b. For internal dwelling units located in buildings contuning more than four units, 24 feet. (2) Unit const�z�ction. 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 to`vnhouse Last LJpdated]anuar� 2023 row�REo er �� r�� to be removed Unde�lines to be added dwelling units without a break in the horizontal and/oY 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 configuYed 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 d�uelling 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 architecturallyT balanced appearance. The preferred materials are: brick, stucco, stone, dutch lap vinyl siding and fiber-cement siding. In addition, to�vnhome d�velling structures shall comply with the follo`ving requirements: 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 foY brick, stucco, and/or natuYal or aYtificial 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 d`velling structure shall have more than 60 percent of all building facades of one t�Tpe of exterior finish. Deck railings ma�r 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 windo�v, entrance doors, garage doors, or roof areas. (3) Garages. a. Each d�velling 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-famil�r detached townhomes or end units in buildings containing more than four units, both without basements: 584 square feet. 3. FoY inteYnal units located in buildings containing more than four units, with oY without basements: 364 squaYe feet. 4. GaYages shall be a mitumum of 22 feet in width, except garages attached to inteYnal units located in buildings containing more than four units, mayT be a minimum of 14 feetin width. (4) Outside sto�age. Outside stoYage shall be allowed only in designated aYeas that aYe scYeened and under the ownership of the propertyr owners' association, subject to otheY applicable provisions of this chapter. Last LJpdated]anuar� 2023 row�REo er �� r�� to be removed Unde�lines to be added (g) Pazking vehiculaa� andpedestzzan ciTculation. The parking, vehicular and pedestrian circulation standards are as follows: (1) Besidentpa�king. Resident paYking shall be provided at one space per bedroom. Resident parking mayT occur in the garage or in the drive`vay of individual units. (2) Guestpaaking. At minirnum, one-half guest parking space peY unit shall be provided in an off- street paYking lot oY private drive. The design of the off-street paYking lot shall confoYm to the parking requirements of this Code. (3) St�eets. 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-�vayT 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) Dzzves. 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 propertyT owners' association, `vhich shall be responsible for the maintenance, repair, and replacement of surfacing. The association shall maintain a capital improvement program for the drive`vayTs 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 drive�vayTs. Such areas shall not be used for parking. d. Private drives must include plans and areas for snow storage or provide provisions in the homeo`vners' association documents for sno�v removal. e. Private drives shall be a minimum of 24 feet in �vidth, back of curb to back of curb, and shall not allow parking on either side unless the�T are a minimum 28 feet in `vidth, in `vhich case parking ma�T be allo`ved on one side. (5) Side2a�alks. A siY-foot sidewalk shall be provided on one side of the public street. (h) Landscaping/scr�eening/lighting. A detailed landscaping and lighting plan shall be provided and implemented pursuant to this section. The landscaping and screening shall address the follo`ving: (1) r1ll open areas of the development pYoject which aYe not used or improved for Yequired parking areas, drives or storage shall be landscaped with a combination of overstor�T trees, understoryT trees, shrubs, flo`vers, and ground cover materials. The plan for landscaping shall include ground cover, bushes, shrubbery, trees, sculpture, foundations, decorative `valks 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 boundaryT of the site adjoining another propertyT and the immediate perimeter of the principal structure. (3) Buffer-yTard landscaping for yTards bordering major collector and arterial streets. Buffer-yard landscaping shall include berming and the use of coniferous trees. Last LJpdated]anuar� 2023 row�REo er �� r�� to be removed Unde�lines to be added (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 gYaded 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 propertyT (�vhere access is allo`ved byT the governmental jurisdiction), shall have an in- ground irrigation syTstem with an automatic controller. (8) Effective and safe levels of lighting which aid night surveillance and residents' sense of securit�T shall be provided. Such lighting mayT be provided byT streetlights or d`velling unit lights which are controlled by timers or sensors. (i) T�ansition zequire�nents. Anyr R-3 zoned pYopeYtyr abutting e�sting, developed single-familyr or duplex homes shall have a minimum of one tier of single-familyT d`vellings 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 e�st: (1) The properties aYe sepaYated byr a major collector oY aYterial street. (2) The properties are separated byT a railroad right-of-`va�T, wetland, `vater body-, floodplain, public open space, park or other such similar publiclyT reserved and development restricted aYea with a rniuimum width of 100 feet across its entire length. (j) Utilities. (1) All utilities serving an R-3 subdivision, including telephone, electricityT, gas and tele-cable shall be installed underground. (2) Separate public utilityT services shall be provided to each unit unless exempted byT the cityT englneer. (3) Water connection: Individual unit shutoff valves shall be provided. (4) SeweY connection: WheYe moYe than one unit is served byr a sanitaryr seweY service, all maintenance and cleaning shall be the responsibilit�r of the homeowners' association. Where individual units are served individually-, all maintenance and cleaning shall be the responsibilityT of the homeowner. (5) Unit utilityr connections shall be located in the side oY YeaY of the unit wheneveY possible and shall be screened. Unit utilityT connections in the front of units shall be screened byT a structure that is integrally designed as part of the unit. (k) Colnlnon areas. The follo�ving minimum requirements shall be observed in the R-3 district goverrung common areas: (1) 02�fne�:ship. All common areas within an R-3 development, including, but not limited to, open space, wetlands, greenwayTs, drainage ponds, drive`vayTs, private drives, parking areas, play areas, etc., shall be o`vned in one of the follo`ving manners: a. Condominium ownership pursuant to Minn. Stats. ch. 515A, article 2(Nlinn. Stats. � 515A.201 et seq.) row�REo er �� Last LJpdated]anuar� 2023 ��r�� to be removed Unde�lines to be added b. To`vnhome subdivision common areas shall be owned pursuant to Minn. Stats. ch. 515B. (2) Holneo�a�ne�s association. A homeowneYs' association shall be established foY all developments within the R-3 district which have areas under common owneYship, subject to review and approval of the cityr attorney, and shall be Yesponsible for all exterior building maintenance, approval of anyT exterior architectural modifications, landscaping, sno`v clearing and regular maintenance of private driveway s and other areas owned in common. SECTION 8. That � 30-1027, XCR extreme commercial recreation of the CityT of Elk River Code of Ordinances shall be amended to read as follo`vs: Sec. 30-1027. XCR extreme commercial recreation. (a) Pu��ose. The extreme commercial recreation district is intended to provide lodging, retail, and a variet�T of commercial recreation uses that are more intense in nature than traditional recreational uses. Some uses mayT include, but are not limited to, off road racing, hotels, and training facilities. (b) Pe�7nitted uses. (1) Agriculture uses. (2) Business offices. (3) Horticulture uses. (4) Public parks. (5) Restaurants, class I(requires cit�T services). (6) Restaurants, class II (requires cityT services). (7) Retail sales. (c) Accessozy uses. (1) Overflow event parking. (2) Signs (as permitted in section 30-851 et seq.). (3) Structures, accessoryT. - ., � . ., � . � ,,. {e}��Conditional uses. Last LJpdated]anuar� 2023 row�REo er �� r�� to be removed Unde�lines to be added (1) Active use storage. (2) Active recreation and phyTsical endurance facilities. (3) Campground (for a period of no more than seven consecutive dayTs) (4) ConfeYence and event centers. (5) Festivals. (6) Hotels (requires cittT services). (7) Limited stayT lodging. (8) Live entertainment establishments. (9) Off road racing facilities. (10) Outdoor storage, provided the stoYage area: a. Is accessory to a principal permitted, interim, or conditional use; and b. Complies �vith the accessoryT structure setback requirement applicable to the propernT; and c. Is no larger than 30 percent of the building area; and d. Includes screening so as to provide a visual barrier. AnyT such barrier shall reduce visibilityr in a manner that restricts vision of the object being screened, but is not Yequired to totally block the vision of any such object. 1. Screening shall consist of two or more of the follo`ving: i. A compact evergreen or deciduous hedge or evergreen, overstoryT and ornamental trees of sufficient width and densityT; 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 siY inches above the ground. c. Coniferous trees must be at least siY feet in height. ii. An earth berm of sufficient height to provide an effective screen throughout the yTear; or a. Earth beYms shall not have a slope of more than thYee feet horizontal to one foot vertical or be located within any street right-of-way unless other��ise approved byT the cit�r engineer. iii. A screening fence constructed of one or more of the following materials: a. Factoryr fu�ished metal oY vinyrl panels. b. Wood. (11) Swap meets. (12) Water sports facilityr. � Itlte�zna z�ses�. Interim uses shall be �ermitted for no more than five ��ears, or when the �ro�ertt= is platted, whichever occurs first. Last LJpdated]anuar� 2023 row�REo er �� r�� to be removed Unde�lines to be added (1) Concrete/as�halt �roducts and �Yocessin� (2) Gravel minin� (3) Kennels, commercial. (4i Residential occu�ations. (5) Veterinar�r clinics. (6) �`'ind turbines. SECTION 9. That � 30-1583, CRT commeYcial reserve transitional district of the Cityr of Elk RiveY Code of Ordinances shall be amended to read as follo`vs: Sec. 30-1583. CRT commercial reserve transitional district. (a) Purpo.re. (1) To allow existing uses to remain conforming until such time as redevelopment is consistent with the comprehensive b de plan, at which time the city will consider changing d�e zoning desib ation. (2) To pro�-ide for orderlyT redevelopment of contib ous parcels of land. (3) To discourage piecemeal, lot-byr-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 ser�red with adequate access and public infrastructure and that appropriate right-of-wayT widd� is established. (b) Permitte�l u.re.r. (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-familyT. (c) Acce.r.rory u.re.r. (1) Outdoor stora�e. {�}(2) Parking lots. {�} 3 Signs (as permitted in section 30-851 et seq.). {�}(4� Structures, accessoryr. {4}i?i WayTside stands (in preserved open space). (d) Interim uses. Interim uses shall be permitted for no more d�an five yTears, or when d�e propert�T is platted, which-ever occurs first. The cityT mayT 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. Last LJpdated]anuar� 2023 row�REo er �� r�� to be removed Unde�lines to be added (4) Cooperative gardening (in preserved open space). (5) Gravel mining. � , . {�}(Gi Horticulture uses (in preserved open space). {�}i7i Kennels, commercial. {�-}8 . _-�� - .. , ,- , . Residential occu�ations. {�!-�} 9 Stables, private (in preserved open space). {�} 1( Oi VeterinaryT clinics. {�} 11 Wind turbines. SECTION 10. That � 30-1584, MU-ERP mixed use Elk River Plaza district of the Cit�r of Elk River Code of Ordinances shall be amended to read as follo�vs: Sec. 30-1584. MU-ERP mixed use Elk River Plaza district. (a) Pu��ose. 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-familyT, and multiple-familyT. (b) Sul��one A. Multple falnily residential. (1) PeYmitted uses aYe as follows: a. Residential, multiple family. b. Residential, single family. c. To`vnhouse, attached. (2) Accessor�r uses are as follo`vs: a. Accessor�T structures. b. Public shelters. �-r.c. Residential occu�ations. (c) Sul��one B. Single falnily T esidential. (1) PeYmitted uses aYe as follows: a. Single-family residential. (2) AccessoryT uses are as follo�vs: a_Accessoryr structuYes. �rb. Residential occu�ations. Last LJpdated]anuar� 2023 row�REo er �� r�� to be removed Unde�lines to be added (d) Sul��one C. Co�n�ne�zzal. (1) PeYmitted uses aYe as follows: a. Business and professional offices. b. Class I Yestaurants. c. Nurseries, produce markets, and garden centers, `vhich may include outdoor displayT. d. Outpatient health caYe facilities. e. Personal service establishments. £ Ph�Tsical recreation or training. g. Public parks. h. Retail shops and stores. i. Sale of firearms. j. Zero lot line development. (2) AccessoryT uses are as follo`vs: a. Off-street parking facilities. b. Off-street parking facilities. c. Public shelteYs. (3) Conditional uses are as follo`vs: a. Car�vashes. b. Class II Yestaurants. c. Commercial recreation, outdoor. d. Commercial recreational facilities, indoor. e. Dryr cleaning establishment. £ Enclosed light manufacturing with related retail sales. g. Equipment rental businesses `vith no outdoor storage. h. Financial institutions. i. Funeral parlors. j. Governmental offices. k. Health care facilities, outpatient. 1. Licensed da�T care facilities. m. Motor vehicle specialt�T shops. n. Nonprofit clubs, lodges or halls. Last LJpdated]anuar� 2023 row�REo er �� r�� to be removed Unde�lines to be added o. On-sale liquor establishments. p. Pawnshops (250-foot setback from anyT residential zone and 500-foot setback from schools, paYks, day caYe centeYs, churches and otheY pawnshops, measuYed fYom the property line). q. Produce markets. r. Religious institutions. s. Sauna establishments. t. Shopping centers. u. VeterinaryT clinics. SECTION 11. That � 30-1587, Focused aYea studyr (FAS� of the Cityr of Elk RiveY Code of Ordinances shall be amended to read as follows: Sec. 30-1587. Focused area study (FAST). The focused area stud�T (FAS"I� district is established to provide land use, architectural, and bulk Yegulations to the 900 acres of propertyr 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 17155 focused aYea study and as amended from time to time. Because of the diverse Yange 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 (� River West Residential (g) Hwyr 10�169 Service CommeYcial (h) The Hinge (i) East Elk River Gateway (1) The Point (A). a. Purpose. Subzone "A" is established to provide an environment foY high densityr residential development and to ma�mize the recYeational 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. Last LJpdated]anuar� 2023 row�REo er �� r�� to be removed Unde�lines to be added 2. Public parks. 3. Residential, apartments. 4. Residential, multiple-famil�r. 5. Residential facilities. (One to six persons.) 6. To`vnhouses, attached. Section 30-994 subsections (e)—(k) shall applyT. c. Accessor�r uses aYe as follows: 1. Accessoryr structuYes (provided the materials are the same as those of the e�sring principal structure). 2. Public shelteYs. 3. Signs as peYmitted in section 30-851 et seq. d. Conditional uses are as follows: 1. Boardinghouses. 2. Business offices. 3. Development of propertyT `vithin the 50-foot setback of the `vild and scenic river district. 4. Health care facilities, inpatient. 5. Health care facilities, outpatient. 6. Licensed dayT care facilities (13 or more children). 7. Nonprofit clubs. 8. Professional offices. 9. Residential facilities (seven to 16 peYsons). e. Bulk regulations. Bulk Yegulations are listed in section 30-1588. £ 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 `vhich are compatible �vith and complement each other. The focus of the district is job creation, where highway visibilityT is not a necessaryT component of successful businesses. Most development is less than three stories. b. Permitted uses are as follow: 1. BYewpubs. 2. Bre`ver taprooms producing less than 10,000 barrels of malt liquor annuallyT. 3. Business offices. 4. Financial institutions. 5. Governmental facilities. Last LJpdated]anuar� 2023 row�REo er �� r�� to be removed Unde�lines to be added 6. Health care facilities, outpatient. 7. Light manufacturing. 8. Mail order operations. 9. PhyTsical recreation and training. 10. Printing shops. 11. PYofessional 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. AccessoryT uses are as follows: 1. AccessoryT structures (provided the materials are the same as those of the existing principal structuYe). 2. Cocktail rooms. 3. OutdooY storage aYeas accessoryr to principal use. 4. Signs as peYmitted in section 30-851 et seq. d. Condirional uses are as follows: 1. Bottling and distribution. 2. Bre`ver taprooms producing 10,000 or more barrels of malt liquor annuall�T. 3. Bus stoYage. Not to exceed ten buses, unless the propeYt�r has direct access to an arterial or collector street. 4. Commercial recreation facilities. 5. Development of propertyT `vithin the 50-foot setback of the `vild and scenic river district. 6. Dryr cleaning establishments. 7. Equipment rental. 8. Firearm sales. 9. Health caYe facilities, inparient. 10. Hospitals. 11. Kennels, commeYcial. Last LJpdated]anuar� 2023 row�REo er �� r�� to be removed Unde�lines to be added 12. LaundryT establishments. 13. Loading areas (when overhead doors are located in front yards). 14. Manufacturing, light enclosed with related retail sales. 15. iVlicrodistilleries. 16. Motor vehicle repair shops. 17. Nonprofit clubs. 18. Recycling pYocessing centeYs. 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 ma�mum of 65 percent. e. Bulk Yegulations. Bulk Yegulations are listed in section 30-1588. £ Architectural standards. Architectural Standards are outlined in section 30-938. (3) No�fih Business Pazk (C�. a. Purpose. Subzone "C" is established to encourage a planned, integYated environment for certain industrial, office, and commercial uses, which are compatible with and complement each otheY as well as the surrounding land uses. The underlying land use designation `vithin the district ma�T varyT and mayT be either light industrial or highwayT business. Development within Subzone "C" `vill correspond with the land use designation. Industrial and office uses are allo`ved 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 encouYage businesses, which geneYate a high numbeY of jobs peY squaYe foot rather than predominantl�T warehouse tyTpe uses. b. Permitted uses are as follow: 1. All uses allowed as a peYmitted use in section 30-1295 (business paYk). c. Accessoryr uses aYe as follows: 1. All uses allowed as an accessoryT 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 paYk). e. Bulk Yegulations. Bulk Yegulations are listed in sections 30-1311 and 30-1312. £ AYchitectural standards. ArchitectuYal standards aYe outlined in section 30-1295 (business park). (4) Hillside Heights (D). Last LJpdated]anuar� 2023 row�REo er �� r�� to be removed Unde�lines to be added a. Purpose. Subzone "D" establishes an environment that provides a range of housing options and takes advantage of `vetland vie`vs and `voodland tyTpolog�T. The area provides for attached family development, preserving the ma�mum green space amenities will affording maximum densityT near employTment, transportation, and service centers offered by the other subzones. Most development is less than three stories. b. PeYmitted uses are as follow: 1. Bed and breakfast establishments, homeowneY-occupied. 2. Business offices. �3. Kennels, private, on paYcels less than five acres. �4. Professional offices. €r. �. Public parks. �6. Residential, apartments. �7. Residential, multiple-family. (4 units max) �8. Residential, single-family. �9. Residential facilities (1-6 persons) �10. State licensed Yesidential facilities or a housing with services establishment YegisteYed undeY chapteY 144D serving siY oY feweY persons, a licensed dayr caYe facilityT serving 12 or fewer persons, and a group famil�T dayT care facilityT licensed under Minnesota Rules, paYts 9502.0315 to 9502.0445 to serve 14 or feweY children shall be considered a permitted single familyT residential use of propertyT for the purposes of zoning, except that a residential facilityT whose primaryT 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 crirnival statutes Yelating to sex offenses shall not be consideYed a permitted use. �.?11. Towers, up to 60 feet in height. �12. Townhouse, attached. Section 30-994 subsections (e)—(k) shall apply. c. Accessor�r uses aYe as follows: 1. Accessor�T structures. 2. Private recreational facilities. 3. Public shelteYs. �4. Residential occu�ations. ��. Signs as peYmitted in section 30-851 et seq. d. Conditional uses are as follows: 1. Bed and bYeakfast establishments, non-homeowneY-occupied. 2. Cemeteries, rninimum lot size fouY acYes. 3. Cooperative gardening in preserved open space. Last LJpdated]anuar� 2023 row�REo er �� r�� to be removed Unde�lines to be added e. f. 4. Golf courses and country clubs. 5. GoveYnmental offices. 6. Floriculture, in preserved open space 7. Health caYe faciliries, inparient �8. HoYticultuYe, in pYeserved open space. �&). Kennels, commeYcial. �10. Kennels, private, on parcels less than five acres. �,?11. Licensed datir caYe facilities for 13 or more children. �12. Residential, multiple-family, pYovided that business/commercial uses at street level occup�T the floor. �13. Residential facilities (7-16 peYsons) �14. Stables, private. �-Er.1 �. Telecommunication operations. Bulk regulations. Bulk Yegulations are listed in section 30-1588. Architectural standards. Architectural standards are outlined in section 30-938. (5) O�ce Village (E�. a. Purpose. Subzone "E" provides for redevelopment to�vard large office, business center, and showroom businesses. Good visibility but poor access once the transportation system is finalized will yield attractive, destination tyTpe development opportunities. The focus of the district is job creation, where highway access is not a necessaryT component of successful businesses. Most development is less than three stories. b. Permitted uses are as follow: 1. BYewpubs. 2. Bre`ver taprooms producing less than 10,000 barrels of malt liquor annuallyT. 3. Business offices. 4. Financial institutions. 5. FireaYm sales. 6. Health caYe facilities, outpatient 7. Mail order operations. 8. Manufacturing, light. 9. PeYsonal service establishments. 10. PhyTsical recreation and training. 11. PYofessional offices. Last LJpdated]anuar� 2023 row�REo er �� r�� to be removed Unde�lines to be added 12. Public parks. 13. Research and development facilities. 14. Restaurants, class I. 15. RestauYants, class II. 16. Retail sales establishments. 17. Telecommunication operations. 18. Therapeutic massage `vhen offered `vithin the confines of a medical or chiropractic clinic. 19. Warehouse spaces not exceeding 50 percent of the entire building. 20. Wholesale businesses. c. Accessor�T uses are as follows: 1. Accessory structuYes (pYovided the materials aYe the same as those of the e�sting principal structure). 2. Cocktail rooms. 3. Outdoor storage areas accessoryr 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 annuallyT. 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 propertyT within the 50-foot setback of the wild and scenic river district. 8. DryT cleaning establishments. 9. Governmental facilities. 10. Health caYe facilities, inpatient. 11. Hospitals. 12. Hotels. 13. Kennels, commeYcial. 14. Laundr�T establishments. 15. Loading areas (when overhead doors are located in front yards). Last LJpdated]anuar� 2023 row�REo er �� r�� to be removed Unde�lines to be added 16. Manufacturing, light, enclosed with related retail sales. 17. iVlicrodistilleries. 18. Motels. 19. MotoY vehicle Yepair shops. 20. Motor vehicle service stations. 21. MotoY vehicle specialt�r shops. 22. On-sale liquor establishments. 23. Recycling pYocessing centers. 24. Sauna establishments. 25. Shopping centers. 26. StoYage tanks. 27. Vehicle sales and service. 28. VeterinaryT clinics. 29. WaYehouse spaces exceeding 50 percent of the total building flooY aYea up to a ma�mum of 65 percent. e. Bulk regulations. Bulk regulations are listed in section 30-1588. £ Architectural standards. Architectural standards are outlined in section 30-938. (6) Biver� 1�est Besidential (F�. a. Purpose. Subzone "F" provides single-familyT residences in areas `vith full municipal public sanitar�T se�vers, storm sewers, and municipal �vater in areas that are a continuation of e�sting residential development patterns and the infilling of existing lots in established areas. b. Permitted uses are as follo`v: 1. AccessoryT dwelling units. 2. Bed and bYeakfast establishments, homeowneY-occupied. �3. Licensed day caYe facilities foY 12 oY feweY children. �4. Model homes in compliance with section 30-800. Fr. �. Open space pYeservation development plats within the R-1A district (residential clustering). �6. Public paYks. ��. Residential, single-familyT. �8. Residential facilities (one to six persons). �+9. State licensed residential facilities or a housing with services establishment registered under chapter 144D serving six or fewer persons, a licensed dayT care Pow�REo er �� Last LJpdated]anuar� 2023 ��r�� to be removed Unde�lines to be added facilityT serving 12 or fe`ver persons, and a group familyT dayT care facilityT licensed undeY Minnesota Rules, paYts 9502.0315 to 9502.0445 to serve 14 oY feweY children shall be considered a permitted single familyT residential use of propertyT for the purposes of zoning, except that a residential facilityT `vhose primaryT 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 Yelating to sex offenses shall not be considered a permitted use. �10. ToweYs, up to 60 feet in height. c. Accessory uses are as follows: 1. Accessory structuYes. 2. Public shelters. 3. Private recreational facilities. �4. Residential occu�ations. ��. Signs as peYmitted in section 30-851 et seq. d. Conditional uses are as follows: 1. Bed and breakfast establishments, non-homeowneY-occupied. 2. Cemeteries, rninimum lot size fouY acYes. 3. Educational institutions. 4. Governmental facilities. Fr. 5. Kennels, private. �6. Licensed day caYe faciliries in Yeligious institutions. ��. Religious institutions e. Bulk Yegulations. Bulk regulations aYe listed in section 30-1588. £ Architectural standards. Architectural standards are outlined in section 30-938. (7) H2ay 90�969 Se�vice Co7n�ne�cial �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 highwayT access in a manner which other business districts are not afforded. In addition to retail and commercial uses, quasi-industrial and `vholesale enterprises that do not meet an industrial setting and have considerable customer contact are acceptable in the highwayT commercial district. b. Permitted uses are as follow: 1. r1ll uses allowed as a peYmitted use in section 30-1024 (highwayr commeYcial). c. AccessoryT uses are as follows: 1. All uses allowed as an accessoryT use in section 30-1024 (highwayT commercial). row�REo er �� Last LJpdated]anuar� 2023 ��r�� to be removed Unde�lines to be added d. Conditional uses are as follows: 1. All uses allowed as a conditional use in section 30-1024 (high`vayT commercial. e. Bulk Yegulations. Bulk regulations are listed in sections 30-1041 and 30-1042. £ Architectural standards. Architectural standards are outlined in section 30-1024 (high�vayT commercial�. (8) Tbe Hinge (H). a. Purpose. Subzone "H" facilitates development that is not centered on access, as anticipated changes to High`va�T 10 access will impact traditional high�vay centric uses. Care should be emplo�Ted to provide site design that can accommodate fronting both 171s`and Twin Lakes PaYkway. Uses are jobs and services centric, Yecognizing the shift in traffic patterns. Accessory improvements, i.e. seating, trails, lighting etc. shall be employTed to maximize the benefit of the wetlands within the area. b. Permitted uses are as follow: 1. BYewpubs. 2. BYeweY tapYooms pYoducing less than 10,000 baYYels of malt liquoY annually. 3. Business offices. 4. Firearm sales. 5. Health care facilities, outpatient 6. Personal service establishments. 7. PhyTsical 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. TheYapeutic massage when offeYed within the confines of a medical oY chiropYactic clinic. c. AccessoryT uses are as follows: 1. Accessor�T structures (provided the materials are the same as those of the e�sting principal structure). 2. Cocktail rooms. 3. Signs as permitted in section 30-851 et seq. d. Conditional uses are as follows: Last LJpdated]anuar� 2023 row�REo er �� r�� to be removed Unde�lines to be added 1. Bre`ver taprooms producing 10,000 or more barrels of malt liquor annuallyT. 2. Commercial recreation facilities. 3. Dryr cleaning establishments. 4. Financial institutions. 5. Governmental facilities. 6. HealthcaYe facilities. 7. Hosptials. 8. LaundryT establishments. 9. Loading areas (when overhead doors are located in front yTards). 10. Mail order opeYations. 11. Manufacturing, light. 12. Microdistilleries. 13. Motor vehicle repair shops. 14. Motor vehicle service stations. 15. MotoY vehicle specialtyr shops. 16. NonpYofit clubs. 17. Off-sale liquor stores. 18. On-sale liquoY establishments. 19. OutdooY storage, provided the stoYage aYea is: i. Is accessoryT to a principal permitted or conditional use; and ii. Complies with the accessoryT structure setback requirement applicable to the propertyT; and iii. Is no larger than 30 percent of the building area; and iv. Includes screening so as to provide a visual barrier. An�T such barrier shall reduce visibility in a manneY that Yestricts vision of the object being scYeened, but is not required to totally block the vision of any such object. a. ScYeening shall be consistent with the scYeening Yequirements outlined foY outdoor storage `vithin the business park zoning district. 20. Pa`vnshops (250-foot setback from an�T residential zone and 500-foot setback from schools, parks, dayT care centers, churches and other pawnshops, measured from the propertyT line). 21. Shopping centeYs. 22. Storage tanks. 23. Telecommunication operations. 24. Vehicle sales and service. Last LJpdated]anuar� 2023 row�REo er �� r�� to be removed Unde�lines to be added 25. Veterinar�T clinics. 26. Warehouse spaces exceeding 50 percent of the total building floor area up to a ma�mum of 65 percent. e. Bulk regulations. Bulk regulations applicable to the Point sub-zone are listed in section 30-1588. £ ArchitectuTal stan�iiT�s. AYchitectural standaYds applicable to the Point sub-zone aYe outlined in section 30-938. (9) East Elk l�iver� Gateaa�ay �I�. a. Purpose. Subzone "I" is established to provide oppoYtunit�r foY 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 High`vay 10 intersection transitions to an interchange, additional right-of-`vayT will be necessaryT, requiring the relocation of businesses. These aYeas anticipated to be necessaryr foY the interchange are identified as temporar�r destination retail in the FAST study. b. Permitted uses are as follow: 1. BYewpubs. 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. PeYsonal service establishments. 7. PhyTsical recreation and training. 8. Public parks. 9. Restaurants, class I. 10. Restaurants, class II. 11. Retail sales establishments. c. Accessoryr uses aYe as follows: 1. AccessoryT structures. 2. Cocktail rooms. 3. Off-street paYking facilities. 4. Off-street loading facilities. 5. Private recreational facilities. 6. Public shelteYs. Last LJpdated]anuar� 2023 row�REo er �� r�� to be removed Unde�lines to be added 7. Signs as permitted in section 30-851 et seq. d. Conditional uses are as follows: 1. Bre`ver taprooms producing 10,000 or more barrels of malt liquor annuall�T. 2. Carwashes. 3. Commercial recreational facility. 4. Development of propertv �vithin 50 feet of the `vild and scenic river district. 5. Dryr cleaning establishment. 6. Enclosed light manufacturing with related retail sales. 7. Educational institutions. 8. Equipment Yental businesses. 9. Governmental facilities. 10. Health caYe facilities, inpatient. 11. Health caYe facilities, outpatient. 12. Hospitals. 13. Hotels. 14. Licensed da�T care facilities. 15. iVlicrodistilleries. 16. Motels. 17. MotoY vehicle service stations. 18. Motor vehicle specialtyT shops. 19. Nonprofit clubs, lodges, or halls. 20. On-sale liquor establishments. 21. Sauna establishments. 22. Shopping centers. 23. Vehicles sales and services. 24. VeterinaryT clinics. e. Bulk regulations. Bulk Yegulations are listed in sections 30-1041 and 30-1042. £ Architectural standards. Architectural standards are outlined in section 30-1024 (high`vayT commercial� . SECTION 12. That � 46-34, Public nuisances of the Cit�T of Elk River Code of Ordinances shall be amended to Yead as follows: Sec. 46-34. Public nuisances. (a) The following aYe declaYed to be public nuisances: Last LJpdated]anuar� 2023 row�REo er �� r�� to be removed Unde�lines to be added (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 `veight, on: a. Public pYopeYtyr within an aYea zoned residential; and b. Residential lots in all zoning districts below two and one-half acres in size, unless a . residential occupation has been gYanted, provided the vehicle is parked on an approved surface, and all other provisions of the cityT 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 NovembeY 1 through April 15. In the enforcement and interpretation of this section, the cit�r shall take into account the fact that there is significant diversit�T of uses in the cit�T, particularly the fact that substantial portions of the cityT are agricultural lands. Some of the listed nuisances mayT not be deemed to be nuisances when they are reasonablyT conducted and related to productive agricultural use of land. SECTION 2. That this ordinance shall take effect upon adoption and be published as provided byT la`v. Passed and adopted byT the Cit�T Council of the CityT of Elk River this 20th dayT of November, 2023. John J. Dietz, Mayor ATTEST: Tina Allard, Cit�r Clerk Last LJpdated]anuar� 2023 row�REo er �� r�� to be removed Unde�lines to be added of ver Ordinance 23- A Resolution of the City of Elk River approving notice of summary publication of Ordinance No. 23-_, an Ordinance Amending Chapter 30, Sections, 30-I, Definitions, 30-658, Interim Uses, 30-801, Home Occupations, 30-991, RI District, 30-992, R2a District, 30-993, R2b District, Section 30-994, R3 Townhome District, Section 30-1027, XCR Extreme Commercial Recreation, 30-1583, CRT Commercial Reserve Transition, 30-1584, MU-ERP Mixed Use - Elk River Plaza, 30- I 587, Focused Area Study (FAST), and Section 46-34, Public Nuisances, of the City of Elk River, Minnesota, City Code WHEREAS, on November 20, 2023, the Elk River Cit�T Council adopted Ordinance No. 23-_ amending Sections 30-1, entitled "Definitions"; 30-658, entitled "Interim Uses"; 30- 801, entitled "Home Occupations; 30-991, entitled "R1 District; 30-992, entitled "R2a District; 30-993, entitled "R2b District; 30-994, entitled "R3 Townhome District; 30-1027, entitled "XCR Extreme CommeYcial RecYeation; 30-1583, entitled "CRT CommeYcial Reserve TYansition; 30-1584, entitled "MU-ERP iVlixed Use - Elk RiveY Plaza•, 30-1587, entitled "Focused Area Study (FAS"I�; 46-34, entitled "Public Nuisances; and WHEREAS, iVlinnesota Statutes, Section 412.191, Subd. 4 allows publication byT title and summar�T in the case of lengthyT ordinances; and WHEREAS, the CityT Council finds that the following summary will clearlyT inform the public on the intent and effect of Ordinance No. 23-_; and WHEREAS, a copy of the full text of Ordinance Na 23-_ is available for inspection byT anyT peYson at the office of the Elk River Cityr CleYk, 13065 Orono PaYkway, during regular business hours - 8:00 a.m. to 4:30 p.m., MondayT through FridayT. NOW, THEREFORE, BE IT RESOLVED b�T the CityT Council of the CityT of Elk River, iVlinnesota, as follo�vs: That the CittT Council, by at least four-fifths votes, authorizes publication of the title and the following summaryT of Ordinance No. 23-_. Public Notice During their November, 2023, meeting, the CittT Council adopted Ordinance No. 23-_, an oYdinance amending Sections 30-1, entitled "Definitions"; 30-658, entitled "Interim Uses"; 30-801, Pow�REo er �� Last LJpdated]anuar� 2023 ��r�� to be removed Unde�lines to be added entitled "Home Occupations; 30-991, entitled "R1 District; 30-992, entitled "R2a District; 30-993, entitled "R2b District; 30-994, entitled "R3 Townhome District; 30-1027, entitled "XCR Extreme Commercial RecYeation; 30-1583, entitled "CRT Commercial Reserve Transition; 30-1584, entitled "MU-ERP Mixed Use - Elk River Plaza•, 30-1587, entitled "Focused Area Study (FAS'I�; 46-34, entitled "Public Nuisances. In summaryr, OYdinance No. 23-_ makes the following changes to the afoYementioned sections of the cityr code: 1. Incorporation of definitions approved `vith Ordinance No. 23-_ for residential occupations in the aforementioned sections, including changing "home occupations" to "residential occupations" in all affected code sections. 2. AnyT occupation that does not meet the permitted requirements would be reviewed through an Interim Use PeYmit process. 3. Codif�ring hours of operation. 4. Removed motor vehicle repairs as an allowed residential occupation. Passed and adopted b�T the CityT Council of the CittT of Elk River this 20th dayT of November, 2023. John J. Dietz, MayTor ATTEST: Tina Allard, CityT Clerk Last LJpdated]anuar� 2023 row�REo er �� Request for Action To Item Number Plannin Commission 4.2 Agenda Section Meeting Date Prepared by Public Hearings October 24, 2023 Chris Leeseberg, Senior Planner Item Description Reviewed by CityT of Elk River Zack Carlton, Communi r Develo ment 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 follo`ving sections pertaining to Home Occupations and Interim Uses: ■ Section 30-1 Defin�itions ■ Section 30-658 Interim Uses ■ Section 30-801 Home Occupations (Tbis section �a�as Tecolnlnended fo�� appToval on August 22, 2023� ■ Section 30-991 R1 District ■ Section 30-992 RZa District ■ Section 30-993 R2b District ■ Section 30-994 R3 Townhome District ■ Section 30-1027 XCR Extreme Commercial Recreation ■ Section 30-1583 CRT CommeYcial Reserve TYansition ■ Section 30-1584 MU-ERP Mixed Use - Elk RiveY Plaza ■ Section 30-1587 Focused Area Study (FAS'I� ■ Section 46-34 Public Nuisances Background/Discussion The Planning Commission Yecommended 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 Cit�r Council not act on Section 30-801 alone. Additionally, the Cit�r Council adopted an interim ordinance (moratorium) on October 2, 2023, prohibiting the issuance of home occupation permits until the ne`v ordinance is adopted. The moratorium provides the cityT with the necessaryT 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 CityT Council can be included. The moratorium will expire upon publication of the new ordinance, or JanuaryT 26, 2024, `vhichever occurs first. As a YemindeY, the following key components of Secrion 30-801 weYe recommended by the commission to be updated in the home occupation ordinance: The Elk River Vision A 2a�elcolning co�nlnunity 2a�ith � evolutiona� y and spizzted T esou� cefulness, exceptional se�vice, and coln�nunity engageynent that encou�ages and ins�iz•es pro�pe�zty. rowEREo er �I'1 �� Update�l• January 2023 Interim Use PeYmits (NP� ■ Any occupation that does not meet the permitted home occuparion 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 NP will provide the cityT with an opportunity to balance the residential characteristics of an area `vith the desires of property o�vners to grow a small business on their propernT before transitioning to a larger site in a commercial or industrial district. Hours of O�eration ■ Establishing a set time (7 a.m. — 7 p.m. Monday through Saturdayr) that cannot be negotiated. Prohibited Uses ■ Motor vehicle repairs ■ Occupations in accessoryT structures (attached or detached) ■ The Cit�T Council directed staff to maintain the use of accessory structures noting that these can be revie`ved on a case-byT-case basis. The use has remained in the attached ordinance. ■ OutdooY StoYage ■ The CityT Council supported a prohibition of outdoor storage for all residential properties but did discuss the possibilittT of allo�ving some outdoor storage on larger parcels. While `ve have seen challenges with outdoor storage on larger lots in addition to smaller lots, the Commission may discuss options regarding the lot size options. ■ AdditionallyT, should outdoor storage include work vehicles in addition to materials, products, and dumpsters? Section 30-1 Defin�itions The defin�itions of home occuparion and interim use are pYoposed to be amended. Section 30-658 Interim Uses One edit `vas made. This section references allowing uses similar to other uses alreadyT allowed in the zoning district and notes that the use will not have any adveYse impacts upon adjacent propeYties in the NP time period. Sections 30-991 R1 District, 30-992 R2a District, 30-993 RZb District, and 30-994 R3 Townhome District A new Interim Use heading was added to these sections. Section 30-1027 XCR Extreme CommeYcial Recreation FoY consistency, Interim Uses weYe placed afteY Conditions Uses. Section 30-1583 CRT and Section 30-1584 MU-ERP Removed the references to Conditional Uses. Section 30-1587 Focused AYea Stud�FAS'I'� A new Interim Use heading was added to Yelevant 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 ■ E�sting Section 30-801 PROPOSED ORDINANCE Sec. 30-801. Home occupations. (a) Pur�o.re. 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 aciivitie.r. No home occupations (1'ermitted or Interim) shall: (1) Be conducted by an individual who does not reside on the properry 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, vibrarion, 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. £ 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. o. Other objectionable uses as determined by the ciry 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) Pernaitted honae occupation.r. 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 subclivision II of clivision 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 ma�mum 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) Interi�n holne occupation.r. 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 ma�mum 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) In.rpection.r. 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. (� Kevocation or e.�iration of a conditional u.re per�nit for honae occupation.r. (1) Expirations of conditional home occupations shall be as set forth in section 30-656. (2) Revocation of condirional use permits for home occupations shall be as set forth in section 30-659. (g) Preexi.rting bu.rine.rse.r. 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 property7 owner is responsible for the operations of the home occupation and any liability related thereto. Sec. 30-1. Definitions. Home occupation, �� '��' irzterr�tl means any gainful occupation or profession, not meeting the criteria of subsection 30-801(c), customarily conducted entirely within a dwelling or �ara�e s�ace 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 thereo£ �;��~�r-��Interim home occupations require a public hearing pursuant to the procedures and standards for a conditional use permit. Honae occupation, pernaitted 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 thereo£ Permitted home occupations are processed administratively following the set of criteria in subsection 30-801(c). Interina u.re means �a temporary use, similar to uses allowed in the zoning district, of a properry until a particular date, or until the occurrence of a parricular event. Sec. 30-658. Interim uses. (a) Definition.r. The definitions in section 30-1 are applicable in this section. (b) Authori�ation. The city council may authorize interim uses of property by issuance of interim use permits. (c) Kequired finding.r. 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 clistrict 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 �__�� .� t�ropern' 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, safetyT, 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 forperneii. Applicarions 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. (Supp. No. 58) Created: 2023-08-08 11:17:04 [EST] Page 1 of 1 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 propertyT; (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 properry 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) Sha11 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)—Secrion 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 e�sting residential areas. e. Protect residential areas, to the extent possible and appropriate in each area, against unduly heavy motor vehicle traffic. £ Encourage a variety and range of dwelling tyTpes and a wide range of population densities with emphasis on home ownership. (2) K-la di.rtrict. 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) K-�b di.rtrict This clistrict is intended to provide land for attractive and diverse low densiry 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) K-1c di.rtrict. 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) K-1 d di.rtrict. 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) Pernaitted u.re.r. 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) Residenrial, 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 da�� 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) Acce.r.rory use.r. Accessor�� uses in the R-1 districts are as follows: (1) Accessory dwelling units. (2) Agricultural buildings. .�, • {4},�3�_Kennels, private. (On parcels five buildable acres or greater). {�}(4) Parking lots. {�r}i5i Private recreation facilities. {�}(6) Structures, accessory. {-�}i7) Towers (less than 60 feet in height). {�-}i8i Tractor trailer parking (only in the R-1a district on parcels five acres or larger). {�}i9i Trailer, temporary. {�} 1( O�Signs (as permitted in section 30-851 et seq.). (d) Conditional u.re.r. 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 insriturion.) (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. {�} 1( 2�Horticultural uses. {�4} 1( 3�Kennels, commercial (in the R-1a district). {�} 1i 4�Kennels, private (on parcels less than five buildable acres or on parcels located in cluster subdivisions). {�-Er} 1( 5�Mobile homes, temporary. {� 1( 6� Religious institutions. {�-�} 1i 7LStables, private. {�} 1i �LTractor trailer parking (only in the R-1a district on parcels less than five acres in size). (19�Wayside stands. (c� Interz�n u.re.r. Interim uses in the R-2a district are as follows: �1) 1 lome occu�ations. (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) Pur�ose. 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) Pernaitted u.re.r. 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) Acce.r.ro�r u.res. Accessory uses in the R-2a district are as follows: :, . {�}(1) Parking lots. {�}(2) Private recreational facilities. {4}(3i Signs (as permitted in section 30-851 et seq.).] {�}(41 Structures, accessory. (d) Conditional u.re.r. Conditional uses in the R-2a district are as follows: (1) Day care (in religious institutions). (2) Educational institutions. (3) Governmental facilities. ., � . {�}(4i Religious institutions. {�r}(5) Zero lot line developments. (e� Interi�n u.re.r. Interim uses in the R-2a distiict arc as follows: {�}(1) Home occu�ations. 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) Pern�itted u.re.r. Permitted uses in the R-2b district are as follows: (1) Public parks. (2) Residenrial, multiple family (four units max). (3) Residential, single family. (4) Residential facilities (one to six persons). (5) State licensed residential faciliries 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) Acce.r.ro y uses. Accessory uses in the R-2b district are as follows: :, . {�}(1) Parking lots. {�}i?i Private recreational facilities. {4}(3) Signs (as permitted in section 30-851 et seq.). {�}(4� Structures, accessory. (d) Conditional u.re.r. Conditional uses in the R-2b district are as follows: (1) Day care (in religious institutions). (2) Educational institutions. (3) Governmental facilities. ., � . {�}(4) Religious institutions. {�}(5) Zero lot line developments. (c� Interi�n u.re.r. Inrerim uses in the R-2b distiict are as follows: {�}� 1 lome occu��ations. Sec. 30-994. R-3 townhome district. (a) State�nent ofpurj�o.re. The purpose of the R-3 townhome district is to accommodate a variety of housing rypes, 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) Per�citted u.re.r. PeYmitted uses in the R-3 district are as follows: (1) Public parks. (2) Residential, single family. (3) Residenrial 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 residenrial use of property for the purposes of zoning, except that a residenrial 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) Acce.r.roy u.re.r. Accessory uses in the R-3 district are as follows: �, . {-�}(1) Private recreational facilities. �Signs (as permitted in section 30-851 et seq.). {4}i�i Structures, accessor��. (d) Conditional u.re.r. 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. r :, � . {�r}(5i Religious institutions. {�}(6i Residential facilities (7-16 persons). �e) Interi�n u.re.r. Interim uses in the R-3 district are as follows: (1) Hon�e occu�ations. {�}��Den.rity and open .rj�ace. Development standards for density and open space are as follows: (1) Den.rity. 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 .r�ace reguirement.r. 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 acrive recreational puYposes. {�} � Building de.rign and con.riruc�ion .rtandard.r. The building design and construction standards are as follows: (1) Unit zvidth. The minimum width of a dwelling unit within the R-3 district shall be: a. For single-family detached townhomes oY 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 con.riruction. a. Building elevations and floor plans shall be furnished with subdivision requests, illustrating exterior building material and colors to demonstrate compliance with this secrion. 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) Garage.r. a. Each dwelling unit shall include an attached garage. b. Garages shall comply with the following minimum size standards: 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. 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 feetin width. (4) Outside .riorage. 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. {�} l��Parking vebicularandpede.rtrzan circulation. The parking, vehicular and pedestrian circulation standards are as follows: (1) Ke.ridentparking. Resident parking shall be provided at one space per bedYoom. Resident parking may occur in the garage or in the driveway of individual units. (2) Gue.rtparking. 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) Street.r. 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) Drzve.r. 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 sha11 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) Sidezvalk.r. A six-foot sidewalk shall be provided on one side of the public street. �}��Land.rcaping/.rcreening/ligbting. 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 planrings 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 propertyT 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. {�}�LTransiiion reguire�cent.r. 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-} 1%,i Uiilitie.r. (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 engineeY. (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 connecrions 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. fk}�l�Co�nlnon area.r. The following minimum requirements shall be observed in the R-3 district governing common areas: (1) Oavner.rb p. 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) Honaeozvner.r a.r.rociation. 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 city7 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) Pur�ose. 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) Perini�ted u.re.r. (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) Acce.r.rory uses. (1) Overflow event parking. (2) Signs (as permitted in section 30-851 et seq.). (3) Structures, accessory. . .. � . � , �, , , .. �a�.,, �a � • � • ��- � ._�_ .. f e}��Conditional u.re.r. (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 ciry 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. (e1 Interirn u��e.r. lnterim uses shall be �ermitted for no more than five ,�, or when the �ro�ert,p is platted, whichever occurs first. The cit� ma� require an escrow to ensure the conditions of the interim use are adhered to. (1) Concrete/as�halt �roducts and �rocessin� (2) Gravel mining. (3� Home occu�ations. (4) Kennels, commercial. (5) Veterinary clinics. �) ��ind turbines. Sec. 30-1583. CRT commercial reserve transitional district. (a) Purpo.re. (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) Pe�nitted u.re.r. (1) Agriculture uses (ten-acre lots or more). (2) Hor�icultural uses (ten-acre lots or more. Condirional use permit in preserved open space). (3) Public parks. (4) Residential, single-family. (c) Acce.r.rory u.re.r. (1) Parking lots. (2) Signs (as permitted in section 30-851 et seq.). (3) Structures, accessory. (4) Wayside stands (in preserved open space). (d) Interz�n u.re.r. Interim uses shall be permitted for no more than five years, or when the properry is platted, which ever occurs first. The ciry 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, ��. (7) Horticulture uses (in preserved open space). (8) Kennels, commercial. (9) Outdoor storage (provided accessory to a permitted, ��'��', ��- �� 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) Pur�ose. 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) Sub�one A. Multple falnily re.ridential. (1) PeYmitted 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) �;��Interim uses are as follows: a. �:��'�� "�Home occupations. (c) Sub�one B. Single fanaily re.ridential. (1) Permitted uses are as follows: a. Single-family residential. (2) Accessory uses are as follows: a. Accessory structures. (3) ��Intcrim uses are as follows: a. �:��~�'�~��~�"�Home occupations. (d) Sub�one C. Colnlnercial. (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. £ Physical recreation or training. g. Public parks. h. Retail shops and stores. i. Sale of firearms. j. "Lero lot line development. (2) Accessory uses are as follows: a. Off-street parking facilities. b. Off-street parking facilities. c. Public shelters. (3) Condirional uses are as follows: a. Carwashes. b. Class II restaurants. c. Commercial recreation, outdoor. d. Commercial recreational facilities, indoor. e. Dry cleaning establishment. £ 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 faciliries. 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 (FAS'1� 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 171 s` 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 (� 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 density7 residential development and to ma�mize 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 secrion 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. £ 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. £ Architectural standards. Architectural Standards are outlined in section 30-938. (3) Narth Bu.rine.r.r 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. £ Architectural standards. Architectural standards are outlined in section 30-1295 (business park). (4) Hill.ride Height.r (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. -, 4.3. Kennels, private, on parcels less than five acres. �4. Professional offices. Fr. �. Public parks. �6. Residential, apartments. �7. Residential, multiple-family. (4 units max) �8. Residential, single-family. �9. Residential facilities (1-6 persons) �10. State licensed residenrial 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 faciliry 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. Towers, up to 60 feet in height. �12. Townhouse, attached. Section 30-994 subsecrions (e)—(k) sha11 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. Horticulture, in preserved open space. �9. Kennels, commercial. �10. Kennels, private, on parcels less than five acres. �11. Licensed day care facilities for 13 or more children. �12. Residential, multiple-family, provided that business/commercial uses at street level occupy the floor. �413. Residenrial facilities (7-16 persons) �14. Stables, private. �-Fr.15. Telecommunication operarions. c. Irzterim u.re.r. Interim uses as follows: 1. Ifome occupations. e:f_Bulk regulations. Bulk regulations are listed in section 30-1588. ��Architectural standards. Architectural standards are outlined in section 30-938. (5) O�ce Village (F�. 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. Therapeuric massage when offered within the confines of a medical or chiropractic clinic. 19. Waxehouse 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 clistribution 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. £ Architectural standards. Architectural standards are outlined in secrion 30-938. (6) Ka�ver i�e.rt Be.rideniial (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 e�sting residential development patterns and the infilling of e�sting lots in established areas. b. Permitted uses are as follow: 1. Accessory dwelling units. 2. Bed and breakfast establishments, homeowner-occupied. , . :, . 4.3. Licensed day care facilities for 12 or fewer children. �4. Model homes in compliance with section 30-800. Er.5. Open space preservation development plats within the R-1A district (residential clustering). �6. Public parks. �7. Residential, single-family. �8. Residential facilities (one to six persons). �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 residenrial faciliry 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 Yelating to sex offenses shall not be considered a permitted use. �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 faciliries. _ . �, � . Fr.S. Kennels, private. �6. Licensed day care facilities in religious institutions. �7. Religious institutions c. Inte�i�l Lirer. Interim uses as follows: 1. Home occu�ations. �f_Bulk regulations. Bulk regulations are listed in section 30-1588. ��Architectural standards. Architectural standards are outlined in section 30-938. (7) Hzvy � 0/ � 69 Seruice Colnlnercial (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. £ ArchitectuYal 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 s` 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 ma�mize 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 e�sting principal structure). 2. Cocktail rooms. 3. Signs as permitted in secrion 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 propertyT; and ui. 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. £ Architectural.rtandclyd.r. Architectural standards applicable to the Point sub-zone are outlined in section 30-938. (9) Ea.rt Elk Biver Gatezvay �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 ma�mizing the recreational and aesthetic benefits of the river. As the Twin I,akes 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. NonpYofit 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. £ 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 ��use permit for a home occupation has been granted, provided the vehicle is parked on an approved surface, and all other pYovisions 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. Existing for Reference 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. (Supp. No. 58) Created: 2023-08-08 11:17:05 [EST] Page 1 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 inerchandise 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. (Supp. No. 58) Created: 2023-08-08 11:17:05 [EST] Page 2 of 2 Home Occupations Background Public hearingsWork sessionsStaff drafted amendments based on direction received during:Several work sessions with the PC and CC Planning Commission misunderstandingsStaff provided background information and clarified several Discussions regarding CUP vs. IUP with support for bothMost common concern raised was prohibiting outdoor storage Numerous people spoke on the topic Public Hearing– Planning Commission prohibit-Motor Vehicle Repairs for IUP’s only-Hours of operation when sold–Recommended IUP Changes from current ordinance: Planning Commission 50’ separation from existing adjacent structures807 (includes screening and paving)-Follow Sec 3010 acres of largera only-R1Staff recommends:No parameters outlinedAfter public hearing, agreed beneficial for property ownersPC’s initial review and recommendation was to prohibitmost discussed item–Outdoor storage  Outdoor Storage 1a Residential Districts (~half the city)-RCommercial Reserve TransitionIndustrial/Business Parkzones:If approved, outdoor storage will be allowed in the following Compatible with more intense uses in the districtGenerally located in industrial districtsNot compatible with uses in the districtNot allowed in Commercial DistrictsOverview- Summarize procedures as it currently doesRemainder of the proposed ordinance outlines uses and redundanciesStaff made some formatting changes and removed Prohibit motor vehicle repairsThe hours of operation codifiedReview as an IUP instead of a CUPCommission recommendations: Goals and Purpose neighborhoodsafety, and general welfare of the surrounding Minimizing impacts to the residential character or health, conducted on residential properties, whileProvide a means by which home occupations can be Purpose residents’ investment in their residential propertiesthe appearance of the neighborhoodthe quality of life in residential neighborhoodsProtect… Action Requested Adopt, by motion, a resolution approving summary publicationmemoAdopt, by motion, an ordinance of the sections outlined in the  Types of Home Occupations possibly additional city/state licensingBoth permitted and CUP/IUP require a city permit and Not guaranteedapproval with a public hearing and action by CCIf they do not meet the criteria listed, they can apply for CUP/IUPadministratively If they meet the criteria listed, they can be approved PermittedThese listed uses cannot occur at allProhibited