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Home My WebLink About2012-10-02 Handouts from Attorney NOTE TO P &Z: Below are my suggested additions and revisions to the Chapter 156 Definitions. These relate to your changes to the 156 -A.1 Table for District Allowed Uses. Please see my suggested revisions and comments to the most recent version of that Table. My comment are written directly on a version of that Table. Kurt Glaser § 156.006 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Other words not included in this section shall have the meaning defined in Minnesota Statutes. Other words not so defined shall have the meaning customarily associated with them. * ** DAYCARE FACILITIES. A state - licensed daycare facility, as defined in M.S. Chapter 462, as may be amended. FAMILY DAYCARE and GROUP FAMILY DAYCARE daycare facilities as defined in M.S. Chapter 245A, as may be amended. * ** KENNEL, COMMERCIAL. Any place where four or more domestic animals over the age of six months are kept, owned, boarded, bred or offered for sale, [NOTE TO P &Z: This definition is taken directly from Chapter 90, "Kennel "] , and every COMMERCIAL KENNEL shall be enclosed or fenced in a manner as to prevent the running at large or escape of the domestic animal(s) confined therein. * ** NURSING HOME or REST HOME. A licensed establishment having accommodations for the continuous care of five* or more invalid, infirm, aged convalescent patients or disabled persons that are nonrelated, and holding a state issued license for facilities subject to M.S. Section 144A.01, Subd. 5, as amended. [* NOTE TO P &Z: state statute regulates the term Nursing Home to mean 5 or more people.] * ** PET SHOP. Any establishment engaged in the business of breeding, buying, selling or boarding animals of any species. [NOTE TO P &Z: This definition is taken directly from Chapter 90, "Pet Shop. "] * ** PUBLIC BUILDING. Any building or structure owned or leased by the city. PUBLIC PARK. Any real property owned or leased by the city. [This definition is taken directly from Chapter 92, "Public Park and Grounds. "] * ** PUBLIC PROPERTY. Any street or highway that includes the entire width between the boundary lines of every way publicly maintained for the purposes of vehicular travel, and shall also mean any other publicly owned property or facility. RECREATIONAL USE. Golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat - launch ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking, bicycling and horseback riding trails. * ** RESIDENTIAL CARE. State - licensed care, defmed by M.S. Section 254A.02, Subd. 14., as amended. RESIDENTIAL CARE FOR JUVENIAL SEX OFFENDERS. State - licensed care performed in 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. Such care may only be performed at a location no less than 2,500 feet from any school, day care, nursing home, residential facility serving children or vulnerable persons, public park, recreational use facility, or other public or private place where children or vulnerable persons would normally frequent or congregate. RESIDENTIAL FACILITY. A state - licensed residential facility, defmed by M.S. Chapter 462, as amended, serving six or fewer persons, in a single- family residential district and no more than 16 persons in a multiple - family residential district. * ** SPECIALIZED CARE FACILITIES. A state - licensed [residential][non- residential] care facility which is not otherwise specifically defmed or regulated elsewhere in this chapter. QUESTION TO P &Z: WHAT IS THE INTENT OF THIS USE DEFINITION? IS THIS MEANT TO DEFINE A RESIDENTIAL OR NON - RESIDENTIAL USE? * ** VETERINARY HOSPITAL. Any establishment maintained and operated by a licensed veterinarian for the diagnosis and treatment of diseases and injuries of animals. [NOTE TO P &Z: This definition is taken directly from Chapter 90, "Veterinary Hospital. "] TABLE 156-A.1 District Allowed Uses 18/15/20151 e , ^o //1/// O o 'Y o ry Qo ^� oh P o 0 o�'' D � Use Category and Use Type Q- a �� Q" ee Q- 4. �� e Q r4 Ag ricultural Uses Crop production and vegetable gardening P Produce stands for products raised on the premises P Tree nurseries and sod farms P Horses, livestock and fowl, not exceeding a density of one horse or livestock animal per acre or three fowl per acre Group LMng Uses Nursing homes C Residential -Care for six or Fewer Persons (Except P P P P P P P P Juvenile Sex Offender Treatment) ' 11111.111. Residential -Care for Juvenile Sex Offender Treatment for ■ up to six persons. Residential -Care for seven through sixteen Persons (Except Juvenile Sex Offender Treatment) (Subject to C conditions as are necessary to protect the health and safety of the residents of the residential facility Family Day Care serving twelve or fewer persons P P P P P P P P Group Family Day Care serving 14 or fewer persons P P P P P P P P Licensed day care serving thirteen through sixteen persons (Subject to conditions as are ner•ccery to protect the C health and safety of the residents of the residential facility) Specialized Care Facilities C Household Living Uses Single- fadtily detached dwellings at a density not exceeding one home per ten acres Single - family detached dwellings P P P P Single- family attached dwellings with up to two dwelling _ P units per building Single- family attached dwellings with up to twelve C dwelling units per acre Single- family attached or detached dwellings where in combination with multi- family dwellings on the PUD development property meet the district density goal Manufactured housing development, park, or PUD cooperative 156.019 Multi -family projects PUD PUD PUD 90.01-90`09, Public parks and recreation uses P P P P P P P P Residential accessory uses as further reguated in this chapter P P P P P P 156.107 Home Occupations P P P P P P 156.102 Commercial Uses Accessory Buildings P P 156.040 (H), 156.107 Adult and Sexually oriented businesses as further - - -- regulated in this code C 110.01 - 110.99 Veterinary Clbtic 90.01 - 90.09 Pet Shop 90.01 - 90.09 Kennel 90.01 -90.09 TABLE 156 -A.1 District Allowed Uses 18H5I2015 ' ro w b o 0 o h o , � ^o h T ,: "/o R hoh ^o"' ^ o ° ^o� ho`' ^ o' D Use Category and Use Type Q- 4� Q- a Q' e� C4 4 Q- �� 44 e 4 ,e � �' "�� . .t' Q e Q Q' Automobile and motorized equipment sales and service, C excluding salvage operations i Barber/beauty salons P PUD PUD Commercial Uses I Building Supply sales and storage yards C Business and Professional Offices P P PUD PUD Car washes P Commercial schools P Commercial recreation P C PUD PUD Construction trade offices and yards P Day care -see Group Living Uses alliniatSgialMIIIMI C C C C C P C C Eating and drinking establishments P PUD PUD Farm Implement sales and service C Financial institutions P PUD PUD Fuel sales P C Funeral homes and mortuaries C Hospitals C Hotels and motels P PUD 1 Liquor stores P PUD PUD Medical Clinic P PUD PUD Machine and repair shops - inside building only C P Personal and professional business offices P P PUD PUD I Publcbutldings C C C C C C P P PUD P Public utility buildings and structures C C C C C C P P P Theatres and recreational businesses conducted within P PUD structures. Retail sales and service, but exclud aduk- oriented P PUD PUD businesses Industrial Uses Indoor Shooting Range-and -Sales P in1 G 90,04-90,04, Machine and repair shops P Manufacturing, processing, assembly except recycling and P waste Mini- Storage C Research Facility, exclud animal or livestock P Truck Terminal C Warehouse/Distribution P CODES Interim Use I '"1 These references Permitted Use p are for guidance only and are not intended to Conditional Use C include all applicable Planned Unit Development PUD sections of the code. TABLE 156 -A.1 District Allowed Uses 1 8/15120151 ni b 0 �° O O O h O p 4 . ? �it^ ^o h ^Qo `h oh Po hoh ^o"' .. o° ^off ho" ^ o`' D. Use Category and Use Type F4o Fe ' �° Q-^o Q- ^ o m, ^ 1' 4^o 4eo Qw o Q c Reference: Procedures for Site Plan Review X X 156.108 Procedures for Conditional Use Permits X X X X X X X X X X X 156.320 Procedures for Planned Unit Developments X X X X 156.200 Procedures for Variances X X X X X X X X X X X 156.310 Landscape and Tree Planing Requirements X X X X X X X X X X X 156.167, 156.168 Fences X X X X X X X X X X X Building Height Limits X X X X X X X X X X X 156.121 Yards X X X X X X X X X X X 156.122 Setbacks X X X X X X X X X X X Appendix A, Table 1 Parking Requirements X X X X X X X X X X X 156.166 Other Standards X X X X X X X X X X X 156.144 Outside Storage X X X X X X X X X X X 156.144, (M) Shoreland Requirements X X X X X X X X X X 156.133