Discussion:
Planning staff are proposing a zoning text amendment to simplify the zoning ordinance. Currently the allowed permitted and conditional uses are in text based list form for the zoning district section of the zoning code. If a resident, developer, contractor, or staff wants to determine what zoning districts a certain use is allowed in, they must read each individual section of the code to determine if a certain use is allowed. Staff is proposing to provide two tables to display the code information on permitted and conditional uses. Staff is proposing one table for commercial/industrial zones and another table for residential zones.
The proposed use tables are intended to eliminate errors, omissions and redundancies and reduce confusion. It also is intended to streamline or simplify areas where some conditional use permits are seen as unnecessary, such as fitness facilities in some of the commercial zones. After the 2040 Comprehensive Plan is adopted, parts of the zoning code will need to be revised. This specific text amendment is intended to simplify the ordinance, clarify certain areas, and provide minor revisions to streamline reviews, not to completely re-write and re-classify.
The zoning ordinance has been revised numerous times over the years and not all of the terms used for text amendments match the terms used in other chapters of the code. When staff first created the table, we found similar names for the same types of land uses, such as a classification of "offices" in one district and "administrative and professional offices" in another district. Staff also found some uses that didn't necessarily make sense for particular zones, such as allowing "Riding Academies" in the Sewered Rural Residential Zone. The Sewered Rural Residential Zone code was based off of the Rural Residential Zone code and is a district for existing rural residential subdivisions that have been recently provided sewer service, such as lots on Hilldale Drive and Beckrich Park Estates, where lots may be one acre or less. Staff believes it does not make sense for the zoning ordinance to allow horseback riding academies in existing neighborhoods where lots are less than 1 acre in size, as the land area requirement for horses is 2 horses/2.5 acres.
Staff also removed some of the listed uses that don't fit in the context of a specific zoning district, or were in place to address a specific user that no longer exists. An example is allowing funeral homes or hospitals in the R1C zoning district. Both of these uses were in place for specific uses that no longer exist. Staff believes that allowing a future hospital or funeral home in the R1C zone is not appropriate. A couple uses, such as columbaria or crematoriums that aren't addressed in the zoning ordinance currently have been added in zoning districts that staff believes are
appropriate locations. Staff also simplified the language for bars, restaurants, and taverns. The current language has proven awkward for staff and potential businesses.
Attached is a table of the permitted and conditional uses as the code exists today and also a table of what staff proposes. The uses on the table are categorized as "P" for Permitted Uses and "C" for Conditional Uses. An asterisk (*) denotes that specific conditions or definitions must be met, such as a drive-thru window is a permitted use, but stacking for 6 vehicles must be provided, along with other conditions. In some cases staff will need to do additional research on MN Statutes on Environmental Impact Statements for uses in Industrial Zones before adjusting wording, or removing uses that are similar to other uses. Areas needing additional research are in BOLD. These areas are strictly for uses in the I-1, I-2, and Business Park zones.
With the proposed tables, the number of pages of the zoning code would be significantly reduced; for instance the listing of permitted and conditional uses for just the B-1, Highway Business Zone is 7 pages. The proposed table for all commercial zones fits on 3 pages.