§ 514.07. Conditional uses.

Subdivision 1. The uses listed in this subsection are conditional uses in the R District, and are subject to the conditional use permit provisions outlined in Section 547.09 of this Code.

Subd. 2. Two-family dwellings, provided the following conditions are met:

a)

The lot shall abut an arterial or collector street;

b)

The lot area and width shall comply with Section 514.11, Subd. 2 of this Code;

c)

Two (2) off-street parking spaces, one (1) of which must be enclosed in a garage, shall be provided for each dwelling unit;

d)

Private driveways, parking areas, turnaround areas and sidewalks shall comply with Section 514.05 Subd. 8 of this Code;

e)

For new construction each dwelling unit shall contain at least 960 square feet of interior floor space, and for conversion of a single-family dwelling to a two-family dwelling each unit shall contain at least 500 square feet of interior floor space. For the purpose of this subsection, interior floor space shall include the total horizontal area of the dwelling unit as measured from the interior walls of the unit; and

f)

The structure shall meet all setback requirements for two-family dwellings as indicated under Section 514.13, except that a single-family dwelling which does not meet the required two-family interior side setback may be converted into a two-family dwelling if the dwelling is not expanded or if the expansion meets all applicable two-family dwelling requirements.

(Amended, Bill No. 2014-4)

Subd. 3. Cluster home developments, provided the following conditions are met:

a)

The design of the development must be compatible with the surrounding neighborhood in terms of building materials, architectural design, scale and mass of the structure, or other similar urban design characteristics;

b)

Landscaping must be provided in accordance with the Performance Standards Section of this Code;

c)

Two (2) off-street parking spaces, at least one (1) of which must be enclosed in a garage, shall be provided for each dwelling unit;

d)

There must be a minimum of 500 square feet of outdoor open space provided on the lot per dwelling unit;

e)

The number and location of driveways and curbcuts shall minimize conflict with vehicular traffic and should not adversely impact adjacent land uses; and

f)

The density of the development may not exceed the density recommended in the comprehensive plan. (Added, Bill No. 1996-22; Amended, Bill No. 2002-11)

Subd. 4. Bed and breakfast inns, provided the following conditions are met:

a)

No more than two (2) rental rooms shall be provided;

b)

At least two (2) off-street parking spaces (may include garage stalls) shall be provided for the residence, and at least one (1) off-street parking space shall be provided on the lot for each rental room;

c)

The use shall be contained within a single-family detached dwelling;

d)

Outdoor parking areas shall be screened with landscape materials; and

e)

The operator shall secure all applicable licenses and approvals from the city, county, state, or other applicable jurisdictions before the conditional use permit will become effective.

Subd. 5. Public or private elementary and high schools, and other similar learning institutions provided the following conditions are met:

a)

The use site shall abut a collector or arterial street or be located such that significant traffic will not be generated on local residential streets;

b)

Pick-up and drop-off areas shall be designed to enhance vehicular and pedestrian safety;

c)

Outdoor recreational facilities designed for group activities shall be set back at least 40 feet from any lot line;

d)

Buffering shall be provided to mitigate noise and adverse visual impacts on adjacent properties; and

e)

Lighted playing fields shall be permitted only upon demonstration that off-site impacts can be substantially mitigated.

Subd. 6. Cemeteries (may include mausoleums and crematories), provided the following conditions are met:

a)

The lot area shall be not less than five (5) acres;

b)

Direct views from all abutting residential property shall be buffered in accordance with the Performance Standards Section of this Code;

c)

The use shall abut an arterial or collector street and access shall be achieved without conducting significant traffic on local residential streets; and

d)

Any crematory shall be set back not less than 600 feet from any lot line.

Subd. 7. Religious institutions and related convents or parsonages, provided the following conditions are met:

a)

The use site shall abut a collector or arterial street or be located such that significant traffic will not be generated on local residential streets;

b)

Outdoor facilities designed for group activities shall be set back at least 40 feet from any lot line; and

c)

Buffering shall be provided to mitigate noise and adverse visual impacts on adjacent properties.

Subd. 8. Emergency shelters within nonresidential buildings (e.g., schools or churches) provided the following conditions are met:

a)

The shelter shall serve no more than 16 persons at one (1) time; and

b)

Meals for those served by the shelter shall be prepared in a kitchen approved for commercial use.

Subd. 9. State-licensed day care facility serving more than 12 persons, or a group family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445, serving 15 or more children within nonresidential buildings (e.g., schools or churches) provided the following conditions are met:

a)

Designated pick-up and drop-off areas shall be located on the site; and

b)

Designated outdoor play areas shall be set back at least 15 feet from any lot line which abuts a residential property.

Subd. 10. School-based health centers as accessory uses within currently operating schools provide the following conditions are met:

a)

The health center must primarily serve students;

b)

Hours of operation may not extend beyond the regular operational hours of the school by more than one (1) hour in the morning or 6:00 p.m. in the evening;

c)

Total square footage of the health center may not exceed 3,000 square feet or ten (10) percent of the total building square footage, whichever is less;

d)

Designated parking equal to staff plus one (1) per exam room must be provided and designated for clinic use;

e)

Because of the focus on students and the associated sharing of parking, advertising shall be limited to directional and identification signs. The maximum sign area and height shall not exceed the limits set for residential uses in the MR-2 and MR-3 Zoning Districts per Subsection 549.23. The total square footage of all freestanding signage for the property shall remain limited to 100 square feet in accordance with the established rules for nonresidential uses in the residential districts. (Added, Bill No. 2015-7)

Subd. 11. Telecommunications towers are allowed only in the following residentially zoned areas:

a)

Towers supporting amateur radio antennas and conforming to all applicable provisions of Section 544.25 of this Code shall be allowed only in the rear yard of residentially zoned parcels; and

b)

Towers supporting commercial antennas and conforming to all applicable provisions of Section 544.25 this Code shall be allowed only in the following residentially zoned locations:

(i)

Church sites, when camouflaged as steeples or bell towers;

(ii)

Park sites, when compatible with the nature of the park; and,

(iii)

Government, school, utility, and institutional sites, not including the public right-of-way.

Subd. 12. Major public utilities, and "small wireless facilities" and associated "wireless support structures." (Amended, Bill No. 2017-12)