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VII.1. First Reading Zoning Code Text Amendment Related to Conditional Uses in the Residential Districts; Lindahl First Reading of a Zoning Code Text Amendment Related to Conditional Uses in the Residential Districts Proposed Action: Move to adopt Resolution 2021-069, approving the first reading of Ordinance 2021-1174 amending the City Code related to conditional uses in the Residential districts. Overview The applicant, Sue Gonyea, requests a zoning code text amendment to expand the conditional uses allowed in R-4, Medium Density Multiple Family and R-5, High Density Multiple Family residential zones. The applicant owns the former church property at 41 – 12th Avenue North (corner of 12th Avenue North and 1st Street North) which is zoned R-4, Medium Density Multiple Family. Ms. Gonyea is looking for additional ways to market her property. To this end, she requests the city consider amending the zoning regulations to allow community assembly or arts education as conditional uses allowed in R-4 and R-5 districts. Should the City approve this request, Ms. Gonyea or any other property owner in the R-4 or R-5 district could use their property for community assembly or arts education uses provided they received approval of a conditional use permit. Based on the findings detailed in this report, both the Planning & Zoning Commission and staff recommend the City approve the proposed zoning code text amendment. Primary Issues to Consider ● Background ● Community Comments ● Zoning Code Text Amendment ● Potential Non-Conformity Issues ● Alternatives Supporting Documents ● Resolution 2021-069 ● Draft Ordinance 2021-1174 ● Article V - Residential Zoning Regulations ● Section 102-94 - Conditional Use Permit Regulations _____________________ Jason Lindahl, City Planner Financial Impact: $ N/A Budgeted: Y/N ____ Source: _____________ Related Documents (CIP, ERP, etc.): _________________________________________ City Council Report 2021-106 Page 2 Notes: BACKGROUND The applicant, Sue Gonyea, requests a zoning code text amendment to expand the conditional uses allowed in R-4, Medium Density Multiple Family and R-5, High Density Multiple Family residential zones. Specifically, the applicant requests the city amend the R-4 and R-5 districts regulations to allow community assembly and arts education as conditional uses. Currently, the R-4 and R-5 districts allows for other group living, accessory retail or office, private clubs or lodges, motels or public or quasi-public uses. The proposed zoning change would revise the public or quasi-public use category to specifically include community assembly and arts education uses. Generally, the applicant believes that the large open space in the former church would be well suited to serve these types of uses. COMMUNITY COMMENT Under state law, zoning code text amendments require a public hearing. Accordingly, the City published notice of this application and public hearing in the Sun Sailor. Because this is a general zoning regulation change and not a site specific amendment, mailed notice to surrounding property owners is not required. The Sun Sailor notice directed all interested parties to send questions or comments to City Planner Jason Lindahl by mail, phone or email or to attend the public hearing where they could learn about the application, ask questions and provide feedback. As of the writing of this report, the City had received no comments or questions regarding this application. Planning & Zoning Commission Action. The Planning & Zoning Commission reviewed this item (Planning Application 2021-16) during their October 26, 2021 meeting. During the meeting, the Commission heard a presentation from staff and held a public hearing that produced no comments. The Commission had general conversation with the applicant about her plan and voiced that support for the request. After the discussion, the Commission voted 5-0 to recommend the City Council approve the zoning code text amendment. ZONING CODE TEXT AMENDMENT Legal Authority. Zoning Code amendments are legislative actions in that the City is creating new standards to regulate the development of certain types of uses and/or structures. Under the law, cities have wide flexibility to create standards that will ensure the type of development they desire. However, zoning regulations must be reasonable and supported by a rational basis relating to promoting the public health, safety and welfare. Based on the findings made below, staff recommends approval of the proposed draft dynamic sign standards. Consistency with the Comprehensive Plan. Generally, amending the conditional uses in the R-4 and R-5 residential districts to include community assembly or arts education uses is consistent with the 2040 comprehensive plan. The comprehensive plan guides the areas covered by the R-4 and R-5 zones as either Downtown Center or General Urban. The characteristics and future land use planning elements for each land use category are detailed below. While the Downtown Center area specifically calls for this area and its uses to be the central economic, social and civic district for Hopkins and the region, the General Urban area also City Council Report 2021-106 Page 3 allows for accessory uses that are supportive to its context and moderate to high density residential development pattern. Downtown Center • Location. The Downtown Center land use category is intended to serve as the central economic, social and civic district for Hopkins and the region. • Development Type. It is intended to include moderate to high density mixed use development designed to complement and enhance the existing development pattern in these areas and support the public investment in transit. • Urban Form. This area is expected to absorb significant amount of anticipated future growth. Maintaining downtown Hopkins’ unique identity and sense of place must be a central consideration when planning for future growth. Mixed uses (vertical and horizontal) are encouraged. • Density & Scale. Medium to larger scale neighborhood and regional uses. Densities in this area typically range from 20-100 units per acre, with 75-150 units per acre within ¼ mile of an LRT station platform. Estimated 40% commercial and 60% residential. General Urban • Location. The General Urban category is located in three distinct areas of Hopkins: along either side of 11th Avenue South; on either side of Highway 7 west of 5th Avenue North/Oakridge Road; and in the southwest quadrant of the Highway 169 and Highway 7 interchange. • Development Type. These compact moderate to high density residential neighborhoods include a range of attached multiple family and apartment units of varying scale and height designed around large blocks with internal street systems that provide good vehicle connections. • Urban Form. The General Urban areas are planned to have moderate to high density residential and accessory uses. These areas should be well connected via transit and support adjacent Centers. Scale and height should be compatible with existing and planned character. • Density & Scale. Densities in this area typically range from 5-40 units per acre. Compatibility with Present and Future Land Uses. Based on the analysis above, staff finds the proposed zoning change to include community assembly and arts education uses to the R-4 and R-5 district consistent with the present and future land uses called for in both the Downtown Center and General Urban future land use categories. The proposed changes would revise the general public and quasi-public existing conditional use to more specifically include community assembly and arts education uses. Conformance with New Standards. This section considers how the proposed zoning change fits in with the rest of the zoning regulations and the existing development pattern. In this case, City Council Report 2021-106 Page 4 staff finds the proposed changes compatible with the other allowable uses in the R-4 and R-5 districts. It should also be noted that any future community assembly or arts education uses will be required to go through the standard conditional use permit process which includes review by both the Planning & Zoning Commission and City Council to demonstrate conformance with the conditional use permit standards detailed in Section 102-94 (see attached). Potential Non-Conformity Issues Amending the R-4 and R-5 district regulations to allow community assembly and arts education uses should not result in creating non-conformities as it creates more options for property owners. According to Minnesota Statute 462.357, Subdivision 1e., legal nonconformities generally have a statutory right to continue through repair, replacement, restoration, maintenance, or improvement but not through expansion. These rights run with the land and are not limited to a particular landowner. If the benefited property is sold, the new owner will have the same rights as the previous owner. ALTERNATIVES 1. Voting to Approve. By voting to approve the first reading of Ordinance 2021-1174, this item will forward for a second reading scheduled for the November 16, 2021 City Council meeting. 2. Voting to Deny. By voting to deny the first reading of Ordinance 2021-1174, this item will not move forward for a seconding scheduled for the November 16, 2021 City Council meeting. Should the City consider this option, it must also identify specific findings that support this alternative. 3. Continue for further information. If the City Council concludes that further information is needed, the items should be continued. CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO. 2021-069 A RESOLUTION APPROVING THE FIRST READING OF ORDINANCE 2021-1174 AMENDING THE CITY CODE RELATED TO CONDITIONAL USES IN THE RESIDENTIAL DISTRICTS WHEREAS, the City of Sue Gonyea of 41 – 12th Avenue North initiated an application to amend the City Code related to conditional uses in the Residential Districts; and WHEREAS, the procedural history of the application is as follows: 1. That an application to amend the City Code related to conditional uses in the Residential Districts was initiated by Sue Gonyea on September 24, 2021; and 2. That the Hopkins Planning & Zoning Commission, pursuant to published notice, held a public hearing to review such application October 26, 2021 and all persons present were given an opportunity to be heard; and 3. That the Hopkins Planning & Zoning Commission reviewed this application during their October 26, 2021 meeting and recommended approval by the City Council; and 4. That the Hopkins City Council reviewed this application during their November 3, 2021 meeting and agreed with the findings of the Planning & Zoning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hopkins hereby approves the First Reading of Ordinance 2021-1174 amending the City Code related to conditional uses in the Residential Districts based on the findings of fact detailed in the staff report dated November 3, 2021. Adopted by the City Council of the City of Hopkins this 3rd day of November, 2021. By:___________________________ Jason Gadd, Mayor ATTEST: _______________________________ Amy Domeier, City Clerk CITY OF HOPKINS COUNTY OF HENNEPIN ORDINANCE NO. 2021-1174 ORDINANCE AMENDING PART III, CHAPTERS 102 OF THE HOPKINS CITY CODE REGARDING CONDITIONAL USES IN THE R DISTRICTS THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS: SECTION 1. Hopkins City Code, Part II, Chapter 102, Article V, Section 102-163 is hereby amended by adding the double-underlined language and deleting the stricken language as follows: Sec. 102-163. - Conditional uses within R Districts. (12) R-4 or R-5 District, public or quasi-public buildings community assembly uses such as libraries, YMCA, museums, or arts education facility or institutes and within R-1, R-2 or R-3 of located in a public park. SECTION 2. The effective date of this ordinance shall be the date of publication. First Reading: November 3, 2021 Second Reading: November 16, 2021 Date of Publication: November 25, 2021 Date Ordinance Takes Effect: November 25, 2021 By: ____________________________ Jason Gadd, Mayor ATTEST: ______________________________ Amy Domeier, City Clerk PART III - LAND DEVELOPMENT Chapter 102 - PLANNING AND ZONING ARTICLE V. RESIDENTIAL DISTRICTS Hopkins, Minnesota, Code of Ordinances Created: 2021-09-09 10:03:01 [EST] (Supp. No. 5) Page 1 of 10 ARTICLE V. RESIDENTIAL DISTRICTS Sec. 102-157. Residential Districts. Within the R Districts no structure or land shall be used except for one or more of the uses so indicated as a permitted use, an accessory use or after having received a conditional use permit if required. (Code 1986, § 530.01) Sec. 102-158. Manufactured single-family homes. (a) Defined. A manufactured single-family home is a structure transportable in one or more sections which in the traveling mode is eight body feet or more in width and 40 feet or more in length or when erected on a site in the proper Residential District will have an area of 320 or more square feet and which is built on a permanent foundation or chassis and designed to be used as a dwelling for one family, and is connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems contained therein and complies with all of the provisions of the manufactured homes building code adopted in divisions 1 through 3 of article II of chapter 8. (b) Permitted location. Manufactured single-family homes may be permitted, erected, located or relocated in the following Residential Districts under the following conditions: (1) In R-1 and R-2 Zoning Districts, any and all dwellings of any kind shall be subject to and governed by all of the provisions of the state building code; (2) In all other R Districts manufactured single-family homes may be permitted or relocated provided they include permanent foundations and are governed by all of the building code and other general regulations which may be from time to time established; (3) In R-1 and R-2 Zoning Districts, any and all dwellings of any kind must have a minimum width of 20 feet and a minimum height of 14 feet. (Code 1986, § 530.03) Created: 2021-09-09 10:03:01 [EST] (Supp. No. 5) Page 2 of 10 Sec. 102-159. Zero lot line dwellings. (a) Twin homes shall be subject to the following regulations: (1) The required lot area for each dwelling in a twin home shall be at a minimum one -half of the minimum lot area for two single-family attached dwellings in the relevant zoning district. (2) Every lot or plot upon which there is erected a dwelling as part of a twin home shall have a minimum width of 40 feet at the building setback line. (3) Dwellings in a twin home shall be governed by the regulations for single-family attached dwellings in the relevant zoning district. (4) Permitted in all R-1 Districts. (Code 1986, § 530.04; Ord. No. 87-601) Created: 2021-09-09 10:03:01 [EST] (Supp. No. 5) Page 3 of 10 Created: 2021-09-09 10:03:01 [EST] (Supp. No. 5) Page 4 of 10 Sec. 102-160. Standards in R Districts. The table below lists permitted uses and minimum standards in R Districts. Permitted Uses: R-1-A R-1-B R-1-C R-1-D R-1-E R-2 R-3 R-4 R-5 R-6 1-family detached dwelling P P P P P 2-family dwelling P P 2—4-family dwelling P P Townhouse P P P Multiple dwelling P P P P Hopkins- owned park and recreation P P P P P P P P P P The following are minimums required: Lot area (sq. ft.) 6,000 8,000 12,000 20,000 40,000 12,000 16,000 20,000 24,000 16,000 Non- residential use 20,000 20,000 20,000 20,000 40,000 20,000 20,000 20,000 20,000 20,000 Lot area 1 family (sq. ft.) 3,500 8,000 12,000 20,000 40,000 3,500 2,600 1,600 1,000 2,600 Lot width (ft.) 50 60 80 100 100 100 150 150 150 150 Front yard ( ft.) 25 30 30 35 35 35 35 30 30 35 Side yard (ft.) see footnote (1) 1-story 8 8 10 10 10 10 15' or ½ the height, whichever is greater 15' or ½ the height, whichever is greater 2-story 8 8 12 12 12 12 3-story 10 10 14 14 14 14 Maximum allowed: Created: 2021-09-09 10:03:01 [EST] (Supp. No. 5) Page 5 of 10 Percentage of building coverage 35 35 35 35 35 35 35 30 30 35 Rear yard 25 30 35 40 40 35 25' or ½ the height, whichever is greater 25' or ½ the height, whichever is greater Dwelling Floor Area (sq. ft.): 1-family 700 800 1,000 1,200 1,200 2-family 700 800 More than 2 Efficiency 520 520 520 520 520 1-bedroom 600 600 600 600 600 2-bedroom 720 720 720 720 720 Over 2- bedroom (700 + 120 for each Bedroom) Building height 35 35 35 35 35 35 35 45 4 story 4 story Open space ratio 1:1.5 1:2.5 1:1 1:1:75 1:1.25 (1) The side yard for additions to any existing dwelling shall be the same or greater than the existing structure, except that no side yard shall be less than five feet. (2) The side yard to an existing dwelling on a corner lot abutting a right -of-way has a minimum setback of five feet in all R-1 Zoning Districts. (3) The side yard to the attached garage side of the home shall be a minimum of five feet. The attached garage cannot be converted to livable space. (4) In all R-1 Districts, front porches are allowed to be constructed in the front yard setback with a minimum setback of 20 feet. (Code 1986, § 530.05) Sec. 102-161. Nonresidential facility and residential facility. The following are permitted in single-family districts: (1) Licensed nonresidential programs with a licensed capacity of 12 or fewer persons. (2) Licensed residential programs with a licensed capacity of six or fewer p ersons. (3) Group family day care facility licensed under Minn. Admin. Rules 9502.0315 to 9502.0445, serving 14 or fewer children. (Code 1986, § 530.06; Ord. No. 93-722) Created: 2021-09-09 10:03:01 [EST] (Supp. No. 5) Page 6 of 10 Sec. 102-162. Credits and allowances: multiple dwelling lot area. The following lot area credits and allowances shall be applied for multiple dwellings in the R-3, R-4, R-5 and R-6 Districts but in no event shall the minimum lot area with allowances be less than 1,850 square feet, 850 square feet, 600 square feet, or 850 square feet per dwelling. (1) For each parking space provided within the building or underground, subtract 300 square feet per unit. (2) If the site upon which the multiple dwelling is being constructed is abutting B-2 or B-3 Business District, subtract 300 square feet. (3) If the abutting land is in the R-1 District, add 300 square feet per unit for that portion of the multiple dwelling site within 150 feet of the R-1 District unless the land zoned R-1 is used for a school, public park or some other open space declared permanent by the council, then add only 100 square feet per unit for that portion of the multiple dwelling site within 150 feet of the R-1 District. (4) If total lot coverage is less than 20 percent, subtract 150 square feet per unit. (5) For each unit containing in excess of two bedrooms, add 300 square feet. (6) If it is necessary to raze existing principal buildings found by the commission to be in dilapidated condition where economically unfeasible, there shall be provided an allowance of two dwelling units above any other allowance permitted by this section. Upon such findings the commission the allowance for the existing building may be given credit toward a proposed project after its removal for a period not to exceed two years. (Code 1986, § 530.07) Sec. 102-163. Conditional uses within R Districts. (a) The following are conditional uses in R Zoning Districts and certain of the standards, restrictions and requirements applicable to such conditional uses (1) Within the R-2 and R-6 Districts, only any church or place of religious worship and all structures, facilities and physical improvements incident or accessory thereto. The front yard setback for such a conditional use shall be the same front yard setback stated in section 102-158 for permitted uses in the zoning district in which the conditional use is located. The side and rear yard setbacks for any such conditional use shall be no less than 35 feet from its side and rear property lines. (2) Outdoor recreation areas not designed and owned as a part of a single-family home or two family structure, or not owned or operated by the city, provided that: a. All accessory or ancillary structures used in connection therewith are located not less than 50 feet from all lot lines; b. Golf courses shall not include driving ranges and shall have an average of 130 yards or more per hole; c. Country clubs shall include a golf course; d. Outdoor game court and swimming pools abutting upon or in any R District shall be fenced and screened by plantings or other suitable screening material, and shall not be lighted between the hours of 11:00 p.m. and 6:00 a.m. of the following day. The term "game court and pool" shall be construed to include all areas bounded by the fencing in connection therewith; Created: 2021-09-09 10:03:01 [EST] (Supp. No. 5) Page 7 of 10 e. All recreation facilities not a part of a PUD shall require a cost report to show the number of families necessary to support such facility. (3) Municipal service structures subject to the following: a. Any structures involving a use in connection with the transmission of electric, telephone, telegraph, gas, water, sewer and other public or private utilities including any fence in connection therewith shall conform to yard requirements, architectural style and landscaping of the immediate neighborhood; b. Electric power transmission lines shall be located along public street (ROW) or along railroad ROW; c. Buildings in public parks provided they are 50 feet or more from all lot lines in an R District. (4) Within the R-2 and R-6 Districts, public or private schools provided no buildings are located less than 50 feet from any lot line and that a fence is erected along the boundary line which is common with abutting private property. (5) Railroad rights-of-way for through trains only. (6) Off-street parking for abutting B or I uses, provided: a. Such parking may be extended the width of three contiguous lots or 150 feet, whichever is more, onto land which is zoned for residential; b. The land is under the same ownership or control as the abutting B or I uses land which is to be served; c. Said parking is not located between two existing abutting dwelling units subject to conformance with parking lot standards in the code; d. Such off-street parking shall not be allowed on any lot on which a dwelling is located at the time of application for the conditional use permit or on which a dwelling was located but has been removed by or on behalf of the applicant at any time prior to the date of the application for the conditional use permit; and e. Such off-street parking shall otherwise be subject to the standards and requirements stated in section 102-94. (7) Within the R-4 or R-5 Districts, private clubs and lodges not operated for a profit. (8) Within the R-3, R-4 or R-5 Districts, boardinghouses provided the site shall contain not less than 1,000 square feet of lot area for each person to be accommodated. (9) Within the R-3, R-4 or R-5 Districts, convalescent and nursing homes provided the site shall contain not less than 600 square feet of lot area for each person to be accommodated. (10) R-4 or R-5 District, retail sales and service may be provided by vending devices or by personnel when such retail area is secondary to the principal use. (11) R-4 or R-5 District, offices on the first floor of a building other than a multiple-family dwelling for persons engaged in one of the recognized professions, finance, insurance, real estate, religious or philanthropic organizations. (12) R-4 or R-5 District, public or quasi-public buildings such as libraries, YMCA, museums, art institutes and within R-1, R-2 or R-3 of located in a public park. (13) R-4 and R-5 Districts, motel provided the site contains 1,000 square feet for each rental unit, and site has frontage on a major thoroughfare. Created: 2021-09-09 10:03:01 [EST] (Supp. No. 5) Page 8 of 10 (14) Foster homes shall be permitted in the R-1 or R-2 District. (15) Licensed nonresidential program with a license capacity of 13 to 16 persons within the R-2, R-3, R-4, R- 5 and R-6 Districts subject to the following: a. Located only in proximity to a collector or arterial roadway as designated in the comprehensive plan or otherwise located so that access can be provided without conducting significant traffic on local residential streets; b. Pick-up and drop-off areas located outside of parking setback area; c. Outdoor recreation areas to be setback 15 feet from all property lines and screening provided to mitigate noise and adverse visual impacts on neighboring properties; d. One parking space provided for each six persons based upon the license capacity of the facility. (16) Licensed residential program in the R-2, R-3, R-4, R-5 and R-6 Districts with a licensed capacity of seven to 16 persons subject to the following: a. Facilities shall comply with all applicable codes and regulations and shall have, current and in effect, the appropriate state licenses; b. On-site services and treatment at residential facilities shall be for residents of the facility only, and shall not be for nonresidents or persons outside the facility; c. The conditional use permit is only valid as long as a valid state license is held by the operator of the facility where such license is required; d. Traffic generated by the facility not to exceed the design capacity of the local street system or cause a decrease in service levels of intersection, as defined by the institute of traffic engineers. Adequate sight distance at access points shall be available; e. No on-street parking to be allowed. Adequate off-street parking shall be required by the city based on the staff and resident needs of each specific facility; f. No external building improvements undertaken which alter the original character of the home unless approved by the city council; g. Additional conditions may be required by the city in order to address the specific impacts of a proposed facility. (17) School buildings which are a part of the physical system of the district but which are considered temporarily in surplus may be used as research centers, offices of a general nature or as some form of educational activity not necessarily similar to the public school curriculum, provided: a. The off-street parking requirements are met; b. The work day of such use falls between 7:00 a.m. and 9:00 p.m.; (18) Homes for the elderly may be located in the R-4, R-5 or R-6 Districts provided the floor area of each such dwelling unit or apartment contains not less than 420 square feet and is inhabited by not more than two persons; (19) Photographic illustration studio in the R-4 and R-5 Districts. (20) Zero lot line dwellings may be erected in such a manner that the single-family dwellings share common side walls or that four single-family dwellings share two common walls with other dwellings and said walls are located on the rear and side lot lines, provided such dwellings are compatible with the surrounding land uses. At a minimum, the zoning standards shall be proportionate to the minimum standards for single-family attached dwellings in the relevant zoning district. Each dwelling unit will Created: 2021-09-09 10:03:01 [EST] (Supp. No. 5) Page 9 of 10 have separate utilities. An as-built survey will be taken after completion of the units and filed with the city. (21) Bed and breakfasts in the R-1 District subject to the following: a. The bed and breakfast shall be the principal residence of the bed and breakfast property owner. b. Off-street parking at a ratio of one space per guestroom plus two spaces for the residence. c. No parking in the front yard setback. d. Bed and breakfasts must be located 600 feet apart. e. Only breakfast shall be served, and service shall be restricted to guests only, not the general public. No separate food preparation facilities are allowed. f. A bed and breakfast establishment may host one special event each month for not more than 25 non-registered guests with the following requirements: 1. At least two weeks prior to an event, the bed and breakfast owner must notify the city planner in writing of the event. This will include the hours of the event and information on how the property's exterior areas will be used during the event (music, temporary structures, etc.). 2. The applicant must notify the city of the hours of the event and whether music will be played. 3. Food may be furnished by and to special event guests provided all necessar y local, state, and/or federal permits, licenses or authorizations have been obtained. 4. Alcoholic beverages may be served to special event guests only by a caterer, provided the caterer has all required local, state and federal permits licenses or autho rization for service of alcoholic beverages. 5. The bed and breakfast owner must be present during special events and shall provide adequate supervision of the event. 6. The hours of the event shall be between 9:00 a.m. and 10:00 p.m. g. Bed and breakfasts are allowed signage, but limited to four square feet. h. All exterior lighting to be concealed or screened. (Code 1986, § 530.09; Ord. No. 87-601; Ord. No. 93-722; Ord. No. 95-777, 1-3-1996; Ord. No. 96-787; Ord. No. 2000-833, 5-17-2000; Ord. No. 08-1000) Sec. 102-164. Accessory uses; R Districts. The following are permitted accessory uses in R Districts: (1) Private garages, parking space, car port for automobiles and one truck not in excess of 9,000 pounds rated capacity when owned by the occupant. (2) Garages sales, provided that no sale shall continue for more than three days and frequency shall not be greater than twice a year. (3) Gardening and horticultural uses. (4) Home occupations. (5) Keeping of not more than two roomers by a resident family. Created: 2021-09-09 10:03:01 [EST] (Supp. No. 5) Page 10 of 10 (6) Signs as regulated in this code. (7) Buildings temporarily located for the purpose of construction o r for sale or lease of units. (8) Decorative landscape features. (9) The storage outside of a building but not on a parking space which was included to meet the minimum standards of this code, one non-passenger vehicle or one building for winter ice fishing provided none of the above mentioned items are over 22 feet in length. Said storage shall not be in the front yard with the following exception for a boat that will be allowed to be parked in the driveway from May 1 to October 31. (10) Recreational equipment not otherwise prohibited in section 102-163, provided that it is so located as to not encourage trespassing onto abutting lots or infringe on the side yard thereof. (11) The storage outside of a building but not on a parking space which was includ ed to meet the minimum standards of this code, one non-passenger vehicle over 22 feet in length. This non-passenger vehicle shall be no closer than five feet from the lot line. Screening is required. Screening requires both the use of a fence and plants. The fence must meet the requirements of section 102 -13. In addition to fencing, landscaping must be used. The landscaping can be shrubs or trees that will grow to the height of the vehicle when they reach maturity. (12) Recreational vehicles can be parked on the driveway for up to 48 hours for loading, unloading or routine maintenance. At these times, the RV must be parked in the driveway, not the street. (Code 1986, § 530.11; Ord. No. 2002-873) Sec. 102-165. Prohibited uses; R Districts. (a) Skateboard ramps or similar structures used for skateboarding or related purposes are prohibited in residentially zoned areas. (b) Home occupation, massage therapy. (Code 1986, § 530.12; Ord. No. 87-580; Ord. No. 13-1064) Secs. 102-166—102-194. Reserved. Created: 2021-09-09 10:03:01 [EST] (Supp. No. 5) Page 1 of 4 Sec. 102-94. Conditional use permit. (a) General rule. Certain uses, may or may not be suitable in a particular zoning district, depending upon the suitability of the circumstances. When such circumstances are found to exist, and the use will not adversely affect the health, safety or general welfare of residents of the surrounding area or the community as a whole, a conditional use permit may be granted. Conditions may be applied to the granting of the permit and periodic review of the permit may be required. The permit shall be granted for a particular use a nd not for a particular person. The cancellation of a conditional use permit, if not protected by non -conforming use rights, shall be considered equivalent to a rezoning, and the procedural requirements of a rezoning apply. (b) A conditional use permit is required whenever: (1) The proposed use is specified as a conditional use, provided that a new conditional use permit or amendment to an existing conditional use permit shall not be required for: a. Remodeling or improvement to the interior of an existin g conditional use that does not change the nature or increase the intensity of such use; b. Changes in an existing conditional use that are determined to be non-significant under the provisions of section 102-96; or (2) The proposed use is listed as requiring, under either the general or special provisions of this code, a conditional use permit. (c) Application. The application for a conditional use permit must contain at least the following data: (1) Site plan showing location of all buildings and structures with dimensions; (2) Planting plan showing location, species and size of all plant material; (3) Landscape plan showing pathway system, width and material, screening fences with detail, lighting system, and recreational features, if any; (4) Drainage plan indicating catchbasins and underground improvement; (5) Utility systems for sanitary sewer, water, gas, telephone and electric which shall all be underground for new construction; (6) Off-street parking, drives and access plan; (7) Off-street loading plan, if any is necessary; (8) Location of trash container, screening and type of material for screening of the trash container and pick-up plan; (9) Plan for adjustment to existing rights-of-way, easements, utilities and new dedications; and (10) Architectural plans showing elevations, entrances, heights, floor plans and material to be used on the exterior. (d) Preliminary concept plan. The applicant may request a preliminary hearing with the commission in connection with a conditional use permit application to explore the concept ideas and all other pertinent general information. The request shall be accompanied with at least the same information set forth in subdivision 2 of this division, and such other information as the zoning administrator and the building official may require. If such preliminary plan is recommended or approved by the zoning administrator, the final plan shall be scheduled for a public hearing. (e) Filing. Applications for conditional use permit shall be filed with the zoning administrator with such filing fee as may be from time to time established by resolution of the council. Created: 2021-09-09 10:03:01 [EST] (Supp. No. 5) Page 2 of 4 (f) Expiration. A conditional use permit expires one year after it has been issued unless the use for which the permit has been granted is in effect. Extensions may be granted provided the applicant submit a letter to the zoning administrator requesting an extension 30 days before the expiration of said approval. The letter shall state the facts of the request, showing a good-faith attempt to utilize the permit, and it shall also state the additional time being requested to begin the proposed construction. The city council may grant extensions not to exceed one year. (g) Public hearing. At least ten days before the date of a public hearing a notice of said hearing shall be mailed to the owners of all property within 350 feet of the subject property. The records of the city assessor shall be deemed sufficient for determining the location and ownership of all such properties. The notice of public hearing shall include the time and place of the hearing, the specific request to be considered, any proposed use of the property different then its existing use, the property's current zoning classification, the legal description of the property, and the property's street address, if applicable. The planning commission shall hold the public hearing on an application at its first regular meeting following appropriate legal notice. The applicant and/or his representative shall appear before the planning commission at this hearing to answer questions regarding the request. (h) Commission recommendation. Within 50 days following the submission of a completed application for a conditional use permit the planning commission shall forward a recommendation on the application to the city council, and it shall recommend approval of the application as submitted, approval of the application subject to certain modification or conditions therein, or disapproval of the application. The commission's recommendation shall be in resolution form stating said findings in support or opposition to request as filed or amended. If no action on an application is taken by the planning commission with 50 days, and there has been no delay caused or requested by the applicant, or the city has not notified the applicant the item will be continued for up to an additional 60 days, the application shall be forwarded to the city council without comment. (i) Purpose. The requirements are in connection with the application for a conditional use permit are deemed necessary by the council because a substantial depreciation of values in the neighborhood where such construction is proposed as well as in and to the city at-large, occurs or may occur to the detriment of the general public welfare if such construction or alteration contains exterior facing materials which are either temporary or are not of a permanent nature or have a tendency to deteriorate rapidly or may be easily disfigured, marred or damaged, or which for any reason may rapidly become un sightly in appearance; examples of which materials being, but not limited to, the following: concrete masonry units, common clay tile, tar paper or other similar building composition sheet materials, either corrugated or plain and exposed unfinished concrete unless some or all of such materials are constructed and used in a special arrangement or combination with other materials of a permanent nature with sound architectural design. (j) Approval by building official. When an application is made for the building of a structure requiring a conditional use permit, the applicant or owner may present to the building official a request for approval for the use of such materials as hereinabove set forth, and in connection therewith shall file such preliminary or final sketches, samples and any other information as may be necessary to indicate accurately the use to be made of such materials and the location and appearance of such materials and of the exterior of such structure when completed. The building official may grant approval for the use of such materials based upon all such information, sketches and applications required hereunder, which data shall be filed by him and shall become part of the building permit together with all other additional information requ ired by this code or by other ordinances of the city showing compliance therewith and in conformity with such sketches and other information. (k) Appeal. When the building official denies a building permit or a request for preliminary approval, which denial is based upon the location, use or nature of the materials intended to be used, the applicant may submit a request on or before 30 days from the date of the denial for a review of the application and the denial thereof to the commission without payment of any additional filing fees. The commission may Created: 2021-09-09 10:03:01 [EST] (Supp. No. 5) Page 3 of 4 overrule the building official or it may by negotiation and agreement amend or otherwise modify the plan or materials to be used and thereupon grant such permit. (l) Land use. An application for a conditional use permit for a parcel for which the zoning is contrary to the land use designation in the comprehensive plan must be accompanied by an application for an amendment to the comprehensive plan. If an environmental assessment worksheet is required, no si te and building plan approval shall be granted until the environmental assessment worksheet has been received and a negative declaration for an environmental impact statement has been made by the planning commission. If an environmental impact statement is required, no site and building plan shall be approved until the environmental impact statement has been prepared. (m) Development agreement. A conditional use permit may require a development agreement to be signed by the city and the developer. (n) Amendments. Holders of the conditional use permits may propose amendments to the permit at any time, following the procedures for a new permit as set forth in this section, except where administrative approval may be granted by the zoning administrator. No significant changes in the circumstances or scope of the permitted use shall be undertaken without approval of those amendments by the city. The zoning administrator shall determine what constitutes significant change. Changes include, but are not limited to, hours of operation, number employees, expansion of structures and/or premises, different and/or additional signage, and operational modifications resulting in increased external activities and traffic, and the like. The planning commission may recommend, following the procedures for hearing and review set forth in this section, and the city council may approve significant changes and modification to conditional use permits, including the application of additional or revised conditions. (o) Standards. In evaluating a conditional use permit application and granting a conditional use permit, the planning commission and city council shall consider and require compliance with the following standards, conditions and requirements: (1) The consistency with the elements and objectives of the city's development plan, including the comprehensive plan and any other relevant plans at the time of the request; (2) Consistency with this article; (3) Creation of a harmonious relationship of buildings and open spaces with natural site features and with existing and future buildings having a visual relationship to the development; (4) Creation of a functional and harmonious design for structures and site features, with special attention to the following: a. An internal sense of order for the buildings and uses on the site and provision of a desirable environment for occupants, visitors and the general community; b. The amount and location of open space and landscaping; c. Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with the adjacent and neighboring structures and uses; and d. Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangements and amount of parking. (5) Promotion of energy conservation through design, location, orientation and elevation or structures, the use and location of glass in structures and the use of landscape materials and site grading; Created: 2021-09-09 10:03:01 [EST] (Supp. No. 5) Page 4 of 4 (6) Protection of adjacent and neighboring properties through reasonable provision for surface water drainage sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses; (7) The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor tend to or actually diminish and impair property values within the neighborhood; (8) In institutional zoning districts, the conditional use permit application shall comply with the standards, conditions and requirements stated in section 102-307; (9) Traffic impacts such as increases in vehicular traffic, changes in traffic movements, traffic congestion, interference with other transportation systems or pedestrian traffic, and traffic hazards shall be considered by the planning commission and city council in evaluating an application for a conditional use permit. The applicant shall demonstrate the proposed conditional use shall not cause unacceptable increases in vehicular traffic, traffic congestion or interference with other transportation systems or pedestrian traffic, and will not crate traffic hazards or excessive traffic through residential areas or otherwise cause adverse effects on residential areas or dwellings. The city may require the applicant to submit a traffic study prepared by a traffic consultant approved by the city to demonstrate the applicant's compliance with the requirements of this section. As a co ndition of the issuance of a conditional use permit, the city may require the applicant to incorporate in the applicant's proposal and construct such traffic control measures and improvements as the city may deem necessary, including, but not limited to, directional signalization, channelization, stand-by turn lanes, sidewalks, removal of access points to public streets and moving of access points to public streets; and (10) A development in the B-2 Zoning District may require a parking study. If it is determined that a project requiring a conditional use permit will have a parking shortage, the city may require that the applicant provide on-site parking, enter into an agreement to pay the costs of off-site parking, or a combination of both. (p) Conditions on issuance. The council may impose conditions and require guarantees in the granting of conditional use permits. Any use permitted under the terms of any conditional use permit shall be established and conducted in conformity to the terms of such permit and of any conditions designated in connection therewith. (q) Expiration of use. If a use granted by conditional use permit to operate ceases to exist for six months, the conditional use granted for that property will expire. (Code 1986, § 525.13; Ord. No. 87-601; Ord. No. 93-727; Ord. No. 94-747; Ord. No. 95-777, 1-3-1996; Ord. No. 97- 797; Ord. No. 2000-833; Ord. No. 2000-841; Ord. No. 2002-874; Ord. No. 04-913)